Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails?

Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403. The answer is quite riveting: the severance of the joint tenancy only eliminated the right of survivorship in the donor’s….

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Important Conversations

Good morning,  as readers may know I consult directly to Financial Institutions, advisors and their clients as well as providing direct ‘Wellness Consultations’ with older adults and their families. I was recently interviewed in Matters BeyondWealth, by Leanne Kaufman CEO of Royal Trust. A great podcast series that I encourage you to explore. In  this latest podcast we discuss the main questions I am asked during these Wellness Consultations and….

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Elder Care

What Happens if Something Happens to your Executor? – Part Two

It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….

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Estate Administration, Estate Planning, Executors, Trustee

Dia De Los Muertos: grief and joy

Autumn is my favourite time of year. It’s often frantically busy with work, but when I have a chance to lift my head up from year-end responsibilities, I savour the reminders of abundance, the wealth of the harvest in this corner of the world, and the crisp cool air is refreshing to me after the hazy heat of summer and the bitter cold of winter. Throughout the world this season….

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Funeral Planning, Grief, Grief, Uncategorized

Production motions: the bar is higher than you think

A recently released decision, Giann v Giannopoulos, 2023 ONSC 5412, provides clarity on a question that frequently arises in estate litigation: what information is a party entitled to from the deceased’s personal records and documents? This case, heard by Justice Myers of the estate list in mid-September this year was a motion by the Applicants for orders providing them access to the legal, medical and financial records of their deceased….

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Contested wills, Credibility, Estate Litigation

Capacity Evaluation: the Role of Corroborative Information

In clinical geriatric psychiatry, it is an accepted standard of care to obtain corroborative information when conducting clinical evaluations.However, medical-legal tasks of capacity evaluation, such as for the evaluation of capacity to instruct counsel, testamentary capacity and possibly even capacity to appoint powers of attorney, may require strict confidentiality which prevents obtaining corroborative information from informants. As a result, obtaining corroborative information for capacity evaluation in this context is more complex than in clinical care…..

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