In another blog article we reviewed the unhappy fact situation set out in the Selkirk case The court examined the law on whether or not individuals using a Power of Attorney can enter into a Trust Agreement on behalf of the donor of the Power of Attorney. There were three competing decisions across Canada. However, […]
Read More
At our law firm we have devoted a fair amount of time to perfecting our strategy to avoid or eliminate probate. We have called that strategy the “Full Monty” and it is explained elsewhere on this website. Learn More : A Strategy To Reduce Or Eliminate Probate Fees – Fully Monty Learn More : The […]
Read More
In late 2021, Justice Nicholson of the Ontario Superior Court released his decision in Greaves Estate vs. Ontario (Ministry of Finance). Mr. Greaves died far earlier than anyone had anticipated. At the time of his death, he controlled three corporations ( not listed on a stock exchange ) and they were the beneficiary of a […]
Read More
All is not necessarily lost. There are circumstances where an unsigned copy or photocopy of a signed Will can be located. However, after searching high and low the original is nowhere to be found. A court does have the ability to fix the situation. A specific remedy is set out in Rule 75.02 of the […]
Read MorePart 1 The Ontario Court of Appeal in Leonard v. Zychowicz, a decision released in March of 2022 outlined the cost and difficulty of successfully attacking a Will. As an example of the incredible expense and time involved in such an attack, this was an appeal decided two years after the original final order (made […]
Read MoreRemoving an executor also known as an estate trustee is a difficult mountain to climb and we have touched upon the law surrounding that issue in other blog articles. I refer one to our recent blog article on Walters v. Walters titled An Absolute Discretion. This website also features two other blog articles titled Applying […]
Read MoreIncreasingly with our online world, our clients are taking advantage of opening up online stock trading accounts. Wishing to save the fees charged by normal investment and brokerage houses, parties are taking advantage of offers of almost minimal commissions offered by companies such as Questrade. It is crucial that when couples open up such an […]
Read MoreThere is no more basic yet more misunderstood term in real estate than the difference between joint tenancy vs. tenants-in-common. These are the two most common methods for multiple people or companies owning a single property. There is a vast difference between the two, despite the similarities in their names. Joint tenancy or Joint Tenants […]
Read More
