When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

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Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….

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Courts, Estate Administration, Executors, In the News, Wills

Bill C-22, the Canada Disability Benefit Act: an update

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This Blog was written by Jane Martin, Scotia Wealth Management Winding its way through the Senate approval process, Bill C-22, the “Canada Disability Benefit Act” reflects a promise by the federal government to introduce a guaranteed income supplement for Canadians with disabilities. Person living with disabilities comprise a disproportionate percentage of those living below the poverty line, and the poverty rate increases with the severity of disability.[1] The Act, which does….

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The SDA and Parens Patriae Jurisdiction

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Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

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Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Ontario Courts determine what constitutes a valid will

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This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

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Contested wills, Estate Planning, Wills

The Defence calls Ed Sheeran

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*There are 22 Ed Sheeran song references in this blog. How many can you find?* The key to winning any court case? Sing. You’ll make the judge swoon. If you are acting as the executor for the estate of an artist, intellectual property is likely your most valuable asset. Some estates of famous musicians use copyright infringement lawsuits as a means of generating income long after the artist’s death. The….

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