World Alzheimer’s Month, which was launched in 2012 is observed in September every year. This year it was yesterday, September 21, 2014. The Alzheimers Society shares that dementia is a general term that refers to a variety of brain disorders. Alzheimer’s disease is the most common form of dementia. We still do not have a Canadian dementia strategy, however there are initiatives underway. The recommendations from the 2010 Rising Tide….

Yesterday the Law Commission of Ontario released its Consultation Paper in its Simplified Procedures for Small Estates project (a project I with other members of the bar have been involved with). The Simplified Procedures for Small Estates project is looking at whether a simplified process for the administration (i.e. probate) of smaller estates makes sense. The project is aimed at finding a solution for the administration of small estates (i.e…..

Most clauses in a Will are (or should be) clear on their face.  That being said, certain standard clauses  – even when drafted in plain English – may be opaque to the layperson.   The “persons born outside marriage” clause is a good example of a provision which begs an explanation. In Ontario, the concept of illegitimacy was abolished in 1978.  The Succession Law Reform Act explicitly eliminates the distinction between persons….

Can individuals who may have an obligation to support a person making a dependant’s support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time of his death, he had been married to Dorothy Brash since 1990. When they married, Dorothy had four adult….

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets qualify for tax deferral under the Income Tax Act (“ITA”) to avoid the triggering of income taxes. Recently the Canada….