Patents as Estate Assets

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Patents What is the symbol of a true gentleman, if not his moustache?  The moustache guard was patented in 1876 to protect the user’s moustache during holiday feasts.  It was described in the patent application as a “curved and concave shield, which may be made of vulcanized rubber, metal or any other suitable material” and it promised to keep moustaches out of harm’s way while the user (inevitably) overindulged during….

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Estate Planning, Executors

Guide to Navigating Client Capacity Concerns

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The Law Society of Ontario’s (“LSO”) Guide to Navigating Client Capacity Concerns (last updated August 14, 2024) is instructive of the responsibility of lawyers and paralegals in Ontario to assess for capacity. As explained in the Guide available online: When a lawyer or paralegal meets with a new or existing client they must consider whether the client has the capacity to provide legal instructions and enter into binding legal relationships…..

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Nuances with registered plans: Things to remember

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Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP Registered plans are an important factor to consider in an individual’s estate planning, whether it’s from a tax-planning perspective, bypassing probate and probate fees, or distributing assets in a specific manner. There are however some nuances when it comes to registered plans that should be kept in mind. Appointing a Successor Holder for….

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Succession Planning, Tax Issues

Real Property 101 for Estate Planning: Parcel Merger

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  Today’s blog post has been written by Karen La Caprara, Counsel, at Fasken LLP. When two abutting parcels of land or properties are owned by the same owner or owners, title to the properties automatically merges, unless an exception to this general principle applies.[i] Once title to the abutting properties has merged the parcels cannot be dealt with independently (i.e. sold or gifted to different people), without applying to….

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Estate Planning, Property, Real Estate, Wills

The internet has transformed the way we live our lives. Should it transform our Powers of Attorney too?

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A report released in early 2024 reported that the average adult internet user spends six hours and 40 minutes every day online.[1] The typical social media user spends just shy of two and a half hours on social media per day.[2] Though some internet and social media use can of course be beneficial – driving social connections, providing educational opportunities, fostering creativity, to name a few – they have a….

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Estate Planning, Power of Attorney

The Importance of Pleadings and the Test for a Stay Pending Appeal

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In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it.  The appellant is the spouse of the deceased.  In the lower court the spouse argued that she was entitled to an equalization payment as the deceased did not adequately provide for her in his will.  The spouse’s right to an equalization payment was not disputed.  For….

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