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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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Published on: 18 Dec 2020 By

Considerations for the appointment of parents in minor guardianship applications: Santella v Bruneau (Litigation Guardian of)

In Santella v Bruneau (Litigation Guardian of), 2020 ONSC 2937, Justice Corthorn discussed factors that the Court will consider when making a determination regarding whether a parent will be appointed as Guardian of Property of their child’s funds or whether the funds will be paid into Court…

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Published on: 9 Nov 2020 By ,

Estate planning for professionals

As professionals progress in their careers, the estate planning process may become quite complex. The development of a clear estate plan is critical to ensure that the intentions of the testator are honoured, while dealing with the estate in the most tax efficient manner. Many business owner…

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Published on: 22 Apr 2020 By ,

Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers

Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements fo…

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Published on: 11 Oct 2018 By

A Primer on Real Estate Issues in Estate Litigation

This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts. It also briefly…

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