Wills & Estates

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…

Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the questions I am most frequently asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get...

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…

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…

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…

Canada has not had estate and gift taxes since their repeal in 1972.[i] It will be a surprise for many Canadians that they could still be subject estate and gift taxes under US tax law. Canadian residents who are not US citizens can be subject to tax on assets owned in the United States including...

Prior to the introduction of the Registered Disability Savings Plan (RDSP) in 2008, the most prudent financial planning tool for parents with a child suffering from prolonged and severe disabilities was the Henson trust. RDSPs have not made the Henson trust obsolete; it can be used jointly w…

When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” …

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. …