Fifty 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 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 MorePersonal Liability of Estate Trustees in Dependant Support Claims
Co-written by: Kim Gale and Palak Mahajan Personal Liability of Estate Trustees in Dependant Support Claims As a fiduciary for an estate, an estate trustee must comply with various legislation including the Succession Law Reform Act (SLRA) when disbursing estate assets and managing the estate. When dealing with a person who may be a dependant of the
Read MoreThe Pro’s and Con’s of Joint Ownership: Part 2 of the Estate Administration Tax Series
In case you missed our last article, we covered the essentials of the estate administration tax (estate tax): who applies for it, how is it calculated and who pays for it. Now that we have covered the fundamentals, we can discuss strategic tax planning. When tax planning for estates is done correctly, estate tax can
Read MoreLegal aid services & estates law
The Legal Aid Services Act (LASA) received royal assent in July 2020 as part of the Smarter and Stronger Justice Act. The LASA is a step forward to modernize the legal aid framework for low-income Ontarians through a shift from a regulatory regime to giving Legal Aid Ontario (LAO) more flexibility to develop and adapt
Read MoreDecision highlights major difference between B.C., Ontario estate laws
On April 7, 2021, the British Columbia case of Jung v. Poole Estate 2021 BCSC 623 was released. In this decision, the testator who had disinherited his daughters in his last will and testament, had his will varied by the court which resulted in the adult daughters being awarded 70 per cent of his estate . As
Read MoreBill 245 and predatory marriages in estate law
Bill 245 and predatory marriages in estate law On March 2, 2021, Bill 245, the Accelerating Access to Justice Act, passed its second reading in the Ontario legislature. There remains to be a third reading before the Act can receive royal assent, but from reading the Hansard debates, it is optimistic that Bill 245 will
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