Court orders $45k costs after resolving ambiguity caused by father outliving son
Testamentary ambiguity can arise at any time. In an ideal world, we would all make our wills on the day we die, so that every one of the choices we…
Judge imposes ‘moral’ duty on estate to support deceased’s estranged son
An estate’s legal obligations are not the end of the story when it comes to supporting the deceased’s surviving children. As a recent decision demonstrates, Ontario judges can enforce a parent’s…
Bank forms fail to eliminate joint account confusion
Bank forms fail to eliminate joint account confusion By Lisa Laredo, principal at Laredo Law. Joint bank accounts between parents and their children are often a recipe for estate litigation. …
Continuity plans a must for small and solo businesses
If there’s one disruption sure to give small business owners nightmares, it’s the death of the proprietor. But it’s a prospect that they need to consider if they intend to properly…
Common-law spouse sues partner’s estate after his estranged wife is appointed executor
Updating your relationship status? Update your will while you’re at it if you want your estate to stay out of the courts. Common-law spouses can often be left in a tricky…
Duelling sisters removed as co-trustees can add up to trouble
There is no such thing as strength in numbers when it comes to estate trustees. Considering how challenging the job of executor is, I can understand the logic of a…
Succession planning lacking among Ontario’s small businesses
Succession planning for small business owners is not a job that can be rushed, but a new survey suggests that many Ontario employers need to get a move on. According…
Will’s disappearance sparks estate litigation
Having gone to the trouble of drafting a will, you don’t want to undo your good work by letting it get lost. If the original version of your will can not…
Charity accuses executor of misappropriating $400k from estate
A charity’s pursuit of $400,000 in missing estate funds should remind testators just how important it is to choose the right executor. According to a recent CBC news story, the…
Stepfamily growth calls for estate planning action
Estate planning should be a priority for Canada’s growing stepfamily population. With more and more people finding relationship success at the second or third attempt and welcoming their children into fresh…