November 2022

All About The Disappointed Beneficiary Claim

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What happens when a lawyer is retained by a testator to make a will, but that will is never made? While the testator (or their estate) may have a claim against the lawyer, do the beneficiaries of that unmade will also have a claim? The Historical Origin of “Disappointed Beneficiaries”: White v. Jones In this 1995 UK case by the House of Lords, the testator wished to revoke a prior….

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Contested wills, Estate Litigation

Thoughtful Planning is Never a Waste of Time

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and most importantly, this is a story with a happy ending 🙂 I  would like to tell you about a friend of mine, who I’ll call D. D’s father developed signs of dementia in his late 70’s. Her mother began showing signs in her mid-80’s, and was formally diagnosed with Alzheimer’s a short while later. D grew up in a home of planners. Meals were planned. Expenses were controlled. Spontaneity….

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Elder Care, Uncategorized

Can a Power of Attorney for Property Change a Beneficiary Designation?

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Powers of attorney can be an area of confusion for those clients looking to create or update their estate plans. Clients can be uncertain as to what kinds of duties and responsibilities someone appointed under a power of attorney may have. Similarly, some clients are unsure of how beneficiary designations impact their estate plan. Today, I would….

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Estate Donations, Estate Planning, Power of Attorney, Succession Planning, Uncategorized, Wills

Royalties She Wrote: Angela Lansbury, Jessica Fletcher and literary executors

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This Blog was written by Jane Martin, Scotia Wealth Management The recent passing of Angela Lansbury has me engulfed in an impromptu “Murder She Wrote” festival, and like any good estate planning professional (tell me I am not alone in this), I’ve been thinking about whether fictional Jessica Fletcher had her affairs in order. WE all remember Jessica don’t we? The mystery-author/amateur sleuth, played with witty aplomb by Angela Lansbury, who….

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Executors, In the News, Uncategorized

Passing Estate Accounts – It Will Cost You (One Way or Another)

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Generally speaking, the beneficiary of an estate has the right to compel an estate trustee to commence an application to pass the estate accounts, which process is to be carried out in accordance with Rules 74.16-75.18 of the Ontario Rules of Civil Procedure. As with any litigation, the question of who pays for what and when often arises in the context of accounting proceedings. Below is a brief overview of….

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Uncategorized
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