Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….
Some of you may have read the article written by my colleague, Demetre Vasilounis, back in June of this year about Valve’s incredibly popular game distribution platform, Steam. The platform is selling their games as licences, not as owned games, much to the surprise of the gaming community. This was a spark of many discussions found on Reddit, and Steam’s own discussion forums. If you haven’t read the article, I….
Digital Game Ownership Means No Ownership? Continue Reading »
Estate Administration, Estate Planning, ExecutorsExculpatory clauses or indemnity clauses in wills and trusts are common forms of protection provided to the trustees by testators and settlors. When a trustee is appointed under a testamentary or inter vivos trust document to administer and manage an estate or a trust, some consider it to be an honour and a privilege. Unfortunately, the reality of the office of the trustee is often fraught with inexperience, lack of….
I Would Like Exculpatory Clauses and a Side of… Continue Reading »
Estate Litigation, Estate Planning, Executors, WillsAs an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….
A Reminder of the Importance of a Cy-Près Clause Continue Reading »
Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving“Your credit card starting with 4567 has been locked due to suspicious activity. To restore access to your account, please verify your information using the link below.” Older people are 33% more likely to lose money in a scam than any other age group, according to Elder Abuse Prevention Ontario, and only 5% of victims report it to the police. Once someone has been defrauded, they are likely to be….
Financial Fraud Against Older People: what are banks doing about it? Continue Reading »
Elder Care, Elder Management, InterestA Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….
The International Estate Plan Continue Reading »
Estate Administration and Probate Applications, Estate Planning, Executors