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Saying It Doesn’t Make It So: Determining the Nature an Application

A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of the application. As the grounds and relief sought in an application are often captured by numerous statutory authorities, a notice….

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The Interplay between a Will executed outside of Ontario and a subsequent Codicil executed in Ontario

It is not uncommon for a person to execute their last will and testament many years, even decades, before they eventually pass away. It is also not uncommon for a person to move provinces, states, countries, etc. throughout their adult lifetime. In the estates context, that may result in various different scenarios in which related testamentary documents are executed in different jurisdictions. For example, a person may execute a will….

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Family Money Messages

My friend Aneil Gokhale, Director of Philanthropy at the Toronto Foundation, has a talent for facilitating discussions about money.  What messages do we inherit and how do they inform our inclination for, and approach to, giving?  These messages are the software that influence future behaviour, including openness to giving to charity, during life and at death. Ingrained messages In every session that Aneil leads, he coaxes out deeply ingrained messages….

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Philanthropy/Charitable Giving, Uncategorized

Duties to Vulnerable Individuals: Lessons from Lewicki v. Bascus

The recent decision in Lewicki v. Bascus et al., 2025 ONSC 6224 reiterates the duties lawyers and attorneys for property or personal care have to vulnerable persons. Attorneys have a duty to refrain from influencing vulnerable persons with their personal opinions to further their own self-interest. Lawyers have a duty to enforce safeguards when dealing with vulnerable clients to ensure their decisions are independent and rooted in logic. Lionel Bascus….

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Introducing Incapacity Literacy and the Canadian Centre for Decision-Making Capacity

When there is any concern that a client cannot capably make their own decisions about their financial or legal matters, it is important for a planning professional to inform their client that a person typically cannot self-identify whether they are incapable to make decisions. That person will need to rely on others to identify whether they are capable or not, so as to protect their interests from harm. Throughout the….

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Protecting Charitable Interests

Are will challenges easier when there are charitable beneficiaries?  Moreover, if there are more charities named in the will does that heighten the likelihood of legal contest? This is the kind of “shop talk” that happens when charitable gift planners get together with trust professionals and lawyers.  One lawyer told a cautionary tale of a large estate that was litigated away from a dozen named charities.  The charities lacked the….

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