519 672 2121
Close mobile menu
Published on: 7 Feb 2018 By

Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis

The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typical…

Continue reading the post titled Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis
Published on: 12 Aug 2016 By

What happens if a deceased’s will is lost? What if it has been destroyed?

Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luc…

Continue reading the post titled What happens if a deceased’s will is lost? What if it has been destroyed?
Published on: 21 Jan 2016 By

Whittling Down Our Testamentary Freedom

Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field kn…

Continue reading the post titled Whittling Down Our Testamentary Freedom
Published on: 16 Dec 2015 By

Removing a Court-Appointed Guardian in Ontario

Previous articles have discussed powers of attorney and guardianships and the duties and obligations of attorneys and guardians. But what can be done when a family member of the incapable person feels that the guardian or attorney is not acting appropriately? Occasionally, supportive friends…

Continue reading the post titled Removing a Court-Appointed Guardian in Ontario
Published on: 9 Oct 2015 By

The Consent and Capacity Board Cannot Appoint a Guardian of Property

A recent article in the London Free Press discussed the difficulty a local woman is experiencing in attempting to deposit a settlement cheque issued on behalf of her incapable brother. The article refers to a process whereby the individual would not have to become her brother’s official guar…

Continue reading the post titled The Consent and Capacity Board Cannot Appoint a Guardian of Property
Published on: 25 Nov 2014 By

Guardianship Applications and the Substitute Decisions Act

Usually, a power of attorney document will be used when a person becomes incapable. However, if that person did not have a power of attorney for property or personal care before they became incapable, a decision maker may have to be appointed by the court under the Substitute Decisions Act. …

Continue reading the post titled Guardianship Applications and the Substitute Decisions Act