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.…
Court validates notebook entry as a will
Can a notebook entry be considered a will? In Ontario, the answer is “yes,” as a recent decision demonstrates. But it’s not an example you should follow if you want…
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…
Stepdaughter inherits father’s RRSP despite faulty beneficiary designation
Beneficiary designations are a way for testators to make major changes to their estate with minimum effort. Although they’re often forgotten by testators, the beneficiary designations on things like RRSPs,…
Deceased’s partner ordered to turn his dog over to estate trustee
Anyone with a pet knows that they are much more than property. But as the recent case of Rocco Jr. shows, that’s not how the law views them. According to…
Litigation costs mount as joint attorneys feud over mother’s care
Appointing multiple attorneys multiplies your risk of legal trouble. While it is possible for feuding siblings to come together in a family crisis such as a parent’s major health episode,…
Police campaign targets POA theft
A police service in Alberta is doing its bit to raise awareness of thefts by power of attorney. Following a recent spate of elder abuse cases, the Edmonton Police Service…