91-year-old’s brother ousted as POA after misappropriating funds
Don’t let the power (of attorney) go to your head. Unless they’re in the business of wills and estates, appointees under a power of attorney for property are often surprised…
Widow defeats CRA in fight over husband’s $100k RRSP
An Alberta widow has scored a big win for taxpayers and estate planners across the country after fighting off a claim by the Canada Revenue Agency against her deceased husband’s…
Obstructive sister removed as co-executor of father’s estate
Nothing stirs up old sibling rivalries like the death of a parent. In my line of work, it’s not uncommon to see brothers and sisters in their 50s and 60s…
Husband’s estate ordered to return $5.4m taken from wife via POA
Breach your marital duties and you could end up in trouble with your spouse, but breach your fiduciary duties under a power of attorney and a court could get involved.…
Beneficiaries duel over dual wills
Drafting one will is hard enough for most people. But for some testators, a secondary will may actually be worth the extra effort. For several decades, Ontario testators have been…
Will-making and wellness
Making a will is good for your mental health as well as your financial health. I get why so many people push estate planning to the back of their priority…
Litigation over lost will depletes ‘very modest’ estate
If you think losing your keys is frustrating, spare a thought for the children of an Ontario woman who are still fighting over their mother’s missing will, years after her death. …
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. …
POA must reimburse estate for $320k in unauthorized withdrawals
For those acting under a power of attorney for property, one duty stands above all others: the fiduciary duty. Attorneys for property are granted extraordinary power under Ontario’s Substitute Decisions Act.…
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