Section 13 of the Charities Accounting Act, R.S.O. 1990, c. C.10, as amended (“CAA”), is a useful tool for both estates and charities practitioners alike. The section provides that certain draft orders or judgments that could have been made by the Superior Court of Justice will be deemed to be an order of that court if the Public Guardian and Trustee (“PGT”) and every other person who would have been….
SECTION 13 APPLICATIONS Continue Reading »
Estate PlanningA few weeks ago, I had a client go missing. He walked out of his house early one morning while his wife was still sleeping. He was found 24 hours later, having walked for miles. There are more and more stories of seniors who walk out of their homes and get lost. Not all turn out as well as they did for my client, who was found with only blisters….
Gone Missing….. Continue Reading »
Elder Care, Geriatric Care Management, Home-LeftThe recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….
Challenging a loved one’s Will? You’re gonna need evidence Continue Reading »
Contested wills, Estate Litigation, Undue influenceWhere a will is drafted to create a testamentary spousal trust and the will provides that the final distribution date of the trust is three years after the death of the surviving spouse, would the trust be precluded from being a spousal trust.
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Delay in final distribution from spousal trust Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Wills