The Problem of Racist Wills in Ontario
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. The Problem of Racist Wills in Ontario The common law affords immensely protects testamentary freedom—the ability of testators to dispose of their property upon death as they please. Indeed, the current state of Ontario law is that testators may dispose
Read MoreCosts in Estate Litigation: Who Pays, When and Why?
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. An Overview of Costs in Estate Litigation: Who Pays, When, and Why? The issue of which parties are to bear the costs of litigation in estate matters presents some interesting nuances. On the one hand, estate matters are merely civil proceedings and, in
Read MoreTruths and Rumours During COVID-19 Crisis
The biggest problem writing about what lawyers should know during COVID-19 is that most of the information comes from social media, group email chains, or what you hear through the grape vine. There are also so many Notices it is hard to keep up! Just like an affidavit – Where I make statements based
Read MoreCapacity for Powers of Attorney: A Legal Test
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. Power of attorney for
Read MoreCapacity for a Will: The Banks Test
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale and Matt McEnery The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity,
Read MoreHot Topics: My Common Law Spouse Died – Now What?
My Common Law Spouse Died – Now What? The concept of marriage has evolved significantly throughout existing generations. Fewer people now feel that commitment must be showcased through those two simple words: “I Do”. One thing that is for certain, however: a marriage is a legal contract, and with this contract comes certain obligations, including
Read MoreHot Topics: Guardianship – When There is no Power of Attorney in Place
Guardianship – When There is no Power of Attorney in Place By: Kim Gale and Gabriela Caracas The average person does not give much thought to giving someone authority to act on their behalf though a Power of Attorney (“POA”), that is, until they are at a lawyer’s office. A serious medical issue in which
Read MoreHot Topics: Your Parent Can’t Handle Their Finances – What Do You Do?
Your Parent Can’t Handle Their Finances – What Do You Do? A very common effect of aging is cognitive deterioration. In fact, Statistics Canada reports that 1.4 million Canadians will be living with some form of dementia or cognitive impairment by 2031. Mom, dad, or both could
Read MorePower of Attorney Compensation Checklist
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale If your client is appointed as attorney for property and/or attorney for personal care under a power of attorney document, here is a quick checklist of how to advise them on their compensation. The Fee Schedule Section
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