Wills, Trusts & Estates
-
September 26, 2024
Role of technology in elder law estate planning
In an increasingly digitalized world, the move to technological advancements in the legal arena is becoming increasingly apparent. With respect to estate planning and, in particular, the preparation of wills and powers of attorney, there are still many formal requirements to validly execute the documents. While the use of technology can be complementary to these formal processes and requirements, allowing alternative methods to witness and execute estate planning documents, the process still cannot solely be completed through the use of technology.
-
September 25, 2024
Limitation period raised as defence to loan between spouses
The court’s observation in June 2021 that the litigation between T.O. and D.O. was “fast and furious … heading for a very lengthy and expensive trial” was prescient, a legal journey with four hearings in the Superior Court, and the sad death of T.O. in August 2023, culminating in a final appeal that took four hearings, with the judgment handed down on Aug. 8, 2024.
-
September 25, 2024
Pursuing unjust enrichment in the Joint Family Venture context
Family assets and businesses are very often the product of the combined efforts of both members of a cohabiting relationship. This can be true whether the cohabiting spouses are legally married or not (i.e., common law).
-
September 24, 2024
The succession rights of unborn children: Intestacy
Intestate succession in Ontario is governed by a structured and complex process under the Succession Law Reform Act (SLRA). The legislation first provides for the surviving spouse and descendants, and if there are none, it makes provision for other blood relatives of the intestate.
-
September 23, 2024
A law student’s summer experience in estate litigation | Fara Seddigh
When I told my family and friends about my plans to spend the summer working in estate litigation, I encountered a range of responses, from genuine interest to puzzled expressions. While I received the usual “Congratulations!” and “That’s amazing!” responses, they were often followed by the curious “Why estates?” question. It was almost as if people were trying to hide their confusion as to why I would choose anything so niche so early on in my career.
-
September 20, 2024
Canadian Judicial Council says guidelines coming for federal judges’ use of AI, social media
As part of their two-day fall meeting in Charlottetown this week, the chief and associate-chief justices of the nation’s superior courts discussed their progress in creating guidelines for federal judges’ use of artificial intelligence (AI) and social media, the Canadian Judicial Council (CJC) says.
-
September 20, 2024
The use of registered disability savings plans in estate law
Registered retirement savings plans (RRSPs) have become an integral part of the estate planning process since their introduction in 1957. Although registered plans play an important role in both the financial and estate planning of many Canadians, the tax treatment of such plans can vary depending on the type of plan in question and the family dynamics involved. This article will consider registered disability savings plans (RDSPs) in particular.
-
September 19, 2024
Treasury Board president Anita Anand gets second Cabinet post as transport minister
Liberal MP Anita Anand, the president of the federal Treasury Board and former defence minister in the Liberal government, has taken on the additional post of minister of transportation.
-
September 19, 2024
Ontario estate decision ‘very pragmatic’ in approach to limitation periods, legal expert says
Ontario’s top court has ruled that a claim for unjust enrichment against an estate was statute-barred under the province’s Trustee Act, and a legal expert is saying the decision suggests a need to update the legislation to clarify limitation periods for claims against an estate.
-
September 19, 2024
2 new partners join Torkin Manes
Torkin Manes LLP announced that Jennifer Lynch and Niklas Holmberg have joined the firm as partners.