Wills & Estates Blog

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Don’t let ‘substantial compliance’ success breed complacency

The era of “substantial compliance” is well underway in Ontario.   Just over two years after lawmakers at Queen’s Park passed Bill 245, the Accelerating Access to Justice Act – moving the province from a “strict compliance” regime to one of “substantial compliance” – the legal decisions on the topic are beginning

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Dog’s future in limbo after owner’s death

Don’t forget your pooch when planning your estate.  Many families regard their pets as full members, but only a small minority reflect this fact in their wills. In one recent case, that testamentary silence helped spur a fight over the future of one-year-old mixed breed puppy Rocco Junior, following the death of

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Court halts POA sale of testamentary gift

Getting a will can protect your beneficiaries while you’re still alive, as a recent Ontario court case demonstrates.  Before he was struck down with dementia, the 85-year-old man at the heart of the matter had named his daughter as his power of attorney for both property and personal care. In addition, he

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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 unions with married or common-law spouses, it seems as though the modern Canadian family unit has changed beyond recognition over

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Will ambiguity fuels estate litigation between siblings

Testamentary ambiguity is often the spark that ignites a court battle after the death of a loved one.  Across the province, courthouse case lists are full of feuding relatives who have seized on inaccuracy or vagueness in the deceased’s will to challenge the inheritances left to their fellow beneficiaries.   In

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