Gifts through the Lens of Doherty v. Doherty, Part One
Co-written by: Kim Gale and Palak Mahajan The law of gifts was at issue in the Ontario Superior Court of Justice in Doherty v. Doherty, 2023 ONSC 1536 (Doherty), upheld by the Court of Appeal. The court in Doherty reinstated the law on inter vivos gifts. The court considered the law on gifts, the three-part test that a donee must meet to prove
Read MoreFifty Shades of Capacity
Co-written by: Kim Gale and Jocelyn Tatebe In estate law, there is no single definition of capacity. Likewise, there is no “black and white” test that can be universally applied to all situations or types of decision-making. This is because capacity is specific to the decision required to be made and the circumstances. It can
Read MoreAretha Franklin and her Holograph Will, Part Two
Co-written by: Kim Gale and Palak Mahajan As we discussed in the first article in this two-part series, the singer Aretha Franklin passed away in 2018. During the search of her home, her designated personal representative found two different handwritten wills. One was in a notebook under a couch cushion and was dated 2014 (the
Read MoreAretha Franklin and her Holograph Will, Part 1
Co-written by: Kim Gale and Palak Mahajan Two handwritten wills of the late singer Aretha Franklin have spurred some discussion on the issue of holographic wills. Brief facts Franklin passed away in 2018. She is survived by four adult children: Clarence Franklin (Clarence), Edward Franklin (Edward), Teddy Richards (Teddy), and Kecalf Franklin (Kecalf). Clarence was
Read MoreEstate Administration: Duties of Lawyer vs. Estate Trustee
Duties of Estate Trustees and Lawyers in Administration of Estate Co-authored by: Kim Gale and Palak Mahajan
Read MorePart 2: General revocation clauses and designated beneficiaries
Co-written by: Kim Gale and Palak Mahajan As we discussed in the first article in this two-part series, the decision of Alger v. Crumb, 2023 ONCA 209 (Alger), by the Ontario Court of Appeal addressed the issue of whether a general revocation clause in a will revokes designated beneficiaries. In this case the court was faced with two issues:
Read MorePart 1: General revocation clauses and designated beneficiaries
Co-written by: Kim Gale and Palak Mahajan The decision of Alger v. Crumb, 2023 ONCA 209 (Alger), by the Ontario Court of Appeal addressed the issue of whether a general revocation clause in a will revokes designated beneficiaries A revocation clause is a clause in the will which expressly states that the will revokes any prior wills. It can
Read MoreElder Law: Representation for those who are Incapable
Co-written by: Kim Gale and Jonathan Nimpar Elder Law: Representation for those who are Incapable This article is written to discuss a topic that will be highlighted at Elder Law Day on March 28, 2023, in person at the Ontario Bar Association between 2-5 p.m. (To learn more about Elder Law Day, click here.) In
Read MoreResponsibilities and Duties of a Power of Attorney
Co-written by: Kim Gale and Jonathan Nimpar A power of attorney is a document which can be utilized to appoint someone you trust with the authority to handle your property or personal care. This is essentially an authorization given in advance that can be general or limited to specific acts that the attorney is allowed
Read MoreLimitation Periods – Basic and Ultimate
It is imperative to understand the limitation period to bring a claim in Estate Litigation. If a claim is statute barred (past the limitation period), then the claim will first need to overcome the issue of being out of time, and if the court opines that the claim is statute-barred, then that is the end
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