Wills & Estates Blog


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 be found when the time comes for it to go into effect, your heirs could end up wasting time and money

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You’re never too young to make a will

A recent fall in life expectancy rates is a reminder that you’re never too young to make a will.   Between 2020 and 2022, the life expectancy of the average North American dropped for the first time in decades. In the U.S., the headline figure decreased from almost 79 years to just

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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 Heart and Stroke Foundation of Canada has launched a lawsuit to recover funds it claims were misappropriated from the estate

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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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