Too much “Legalese” – Better Pay Attention!

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  This Blog was written by: Emily Racine   While reviewing wills with clients, the focus is often on the dispositive provisions of the will; in other words, clients tend to focus on the first five pages of the will and leave the rest to the lawyers. For the most part, this is for good reason. Wills often contain 10 or more pages of boiler plate language that can put….

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Contested wills, Estate Litigation, Uncategorized, Wills

Probate and the Humans Rights Tribunal of Ontario

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On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of appointment of estate trustee (probate) be obtained – both where there is and is not a will – in order….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

Standing Together

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Last week I attended the funeral of my mother’s dear friend and spent a few days reminiscing with long time family friends.  No one wants to be the last woman standing as saying goodbye appears to get harder and harder; especially as there are fewer and fewer around to provide comfort and support. My mom’s friend was one of the lucky ones. She had children and grandchildren and several friends….

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Caregiving, Elder Care

“Just in case anything happens while I’m away…”

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It’s that time of year again for estate planners: the season of calls from clients about to leave for vacation, who realize that they haven’t updated their Will in years. These clients typically want to make sure they update their documents before departure, “just in case anything happens while I’m away…” I’ve often wondered after working on such a file whether the client’s worry is supported by evidence: are you….

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Estate Planning

Blind Trusts and Fireworks

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  “My assets are huge, just huge. If I had to put them into a blind trust, it would be the blindest trust of all time. You would have to stare directly into a solar eclipse to achieve the blindness of my trust.” – President Donald Trump (but not really) What better way to celebrate The Fourth of July than by making fun of politicians? Let the fireworks begin….. Oh,….

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In the News, Trusts

In Whose Best Interests? Estate Planning for Artists

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A recent case involving the estate of Canadian artist and figure skating legend, Toller Cranston (“Toller”), highlights the importance of estate planning for artists.  Administering posthumous intellectual property can be complex and without guidance from the testator, disputes will often arise between trustees and the estate’s beneficiaries due to competing interests. Toller died in 2015 while living in Mexico.  He left no will. Toller was a prolific artist and his….

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Estate Planning, Executors, Wills
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