Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….

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Contested wills, Uncategorized, Undue influence

Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..

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Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts

Estate Planning for the Family Cottage

Much has been written in this blog space and many others on this topic. Several times a year (in some years more often than others), we are asked in our practice about to advise on succession or estate planning issues for the family cottage. I was recently alerted to a very good article called How to Estate Plan for the Family Cottage by Tim H. R. Brown of Richard, Buell….

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Cottage, Estate Administration, Estate Planning, Family Conflict, In the News, Investments, Joint Tenancy, Real Estate, Resulting Trust, Tax Issues, Trusts, Uncategorized, Wills

A Heartwarming Thank You!

I read a post on LinkedIn recently that touched my heart and is the inspiration of this blog.  It was a letter from a recent widower to a hairdresser who had made the experience of his wife’s last haircut one of the best moments of her life.  He explained how his wife had dementia and he anticipated the experience of a haircut to be somewhat of an ordeal. To his….

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Uncategorized

Can a Prudent Investor have a Green Thumb?

This blog was written by Raluca Gondor You’re named executor of a green estate. You’ve arranged for a green burial in one of Ontario’s seven green cemeteries, have identified environmental charities in line with the testator’s wishes, and are now left to handle the estate’s investments. You’ve just arrived at this clause in the testator’s will: “My Trustees may make any investments that my Trustees in their discretion consider advisable,….

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Estate Administration, Investments

Divisional Court Appeals: Not The Place For New Issues

In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear whether the house was sold before or after the deceased’s death). At some point, litigation was commenced. While the exact….

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Contested wills, Cottage, Estate Administration, Estate Litigation, Family Conflict, Wills
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