The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
By: Maddi Thomas, associate and Sukhman Sangha, articling student Gowling WLG (Canada) LLP Mental capacity continues to be a growing area of focus in estates law. Capacity, defined under the Substitute Decisions Act, 1992 (“SDA”) as the ability to understand and appreciate decision consequences, is assessed through medical and…
This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Parents and grandparents often help fund a child’s education using Registered Education Savings Plans (RESPs). These are tax-efficient vehicles that allow contributions, grants, bonds, and income to be invested in a tax-deferred environment to grow for eventual…
This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens? In…
Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…
Cases of dementia are rising at an alarming rate, creating a public health crisis. At some point, most of us will either know someone living with dementia or someone who is caring for a person with the disease. As advisors, we must become proactive and purposeful by learning about dementia…
A question that often arises when discussing powers of attorney is whether to appoint the same person as the decision maker for property and personal care. although the roles are distinct at law, in practical terms there is a great deal of overlap. There are advantages of appointing the same…
Kira Domratchev, Associate Gowling WLG (Canada) LLP The litigators amongst us are no doubt familiar with the fact that matters of public policy affect the decisions of our Courts. Public policy does not tolerate a wrongdoer profiting from their crime. The “Slayer Rule” or the “Criminal Forfeiture Rule” is where…
The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”. He was the only son (of four) who was disinherited in his mom’s will. This was a departure from the mom’s previous…
Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of…