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Published on: 11 Dec 2023 By

Emerging guidance on substantial compliance Wills in 2023

Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....

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Published on: 7 Dec 2023 By

Guardianship: What is it, when is it required and other FAQs

Have you been told that you need to obtain “guardianship” to assist a loved one with their property and finances? Are you uncertain what guardianship is, what being a guardian entails, or how to go about obtaining guardianship? If you answered “yes” to any of these questions, this article is…

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Published on: 2 Oct 2023 By

Power of attorney issues: Compensation for powers of attorney for property

If you have been named as an attorney for property1 pursuant to a continuing power of attorney for property, you may be wondering whether or not you are entitled to receive compensation for acting in this capacity and, if so, how that compensation is calculated. This is a fair question to as…

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Published on: 6 Apr 2022 By

Power of attorney issues: compensation for powers of attorney for personal care

Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to…

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Published on: 15 Mar 2022 By

Receiving an inheritance while on the Ontario Disability Support Program

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a finan…

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Published on: 14 Jan 2022 By

The impact of marriage and separation on an existing Will: recent changes to the Succession Law Reform Act

Recent amendments to the Succession Law Reform Act have changed the impact of marriage and separation on an existing Will. Prior to January 1, 2022, marrying after the date a Will was signed caused that Will to be automatically revoked.  To avoid revocation, the Will had to provide that it w…

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Published on: 15 Nov 2021 By

“Probate” in Ontario: common questions and concerns

What is Probate? In all estates, the estate trustee will need to consider whether they must “probate” the estate. The probate process is conducted by the proposed estate trustee submitting a court application to obtain a Certificate of Appointment of Estate Trustee. This Certificate confirms…

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Published on: 21 Jul 2021 By

What if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario

Britney Spears’ conservatorship, and the resulting “Free Britney” movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britney’s wishes are with respect to the conservatorship. Recently, Britney made a powerful statement …

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