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Aug 1, 2017

Clare Burns co-authors article for estates practitioners on dealing with unusual assets

WeirFoulds litigation partner Clare Burns co-authored an article for The Lawyer’s Daily.

21st Century Estate Practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets.

Jul 17, 2017

WeirFoulds Partner Caroline Abela Appointed Chair of the OBA Trusts and Estates Law Section

WeirFoulds is pleased to announce that partner Caroline Abela has been appointed Chair of the Ontario Bar Association’s Trusts and Estates Law Section.

Jul 14, 2017

Caroline Abela co-writes about third party funding in estates litigation in the latest edition of the OBA Section Insider: Trusts and Estates Law

WeirFoulds partner Caroline Abela contributed an article to the latest edition of the OBA’s Section Insider: Trusts and Estates Law discussing the prevalence of third party funding agreements in the Canadian market.

Jul 10, 2017

“Wealth Planning for Personal Equity Plans (PEPs) and “High Risk” Clients: Risks and Challenges

Please click here to access the Summer 2017 ABA-SIL IPCC Newsletter.

Mar 28, 2017

The Limitations of Limitation Periods in Estates Litigation

Over the past year, the Court of Appeal for Ontario has released a number of decisions which consider the application of limitation periods in trusts and estates…

Dec 5, 2016

Parental Recognition and Proposed Amendments to Ontario Legislation: Part 2

In February 2016, we wrote about the Cy and Ruby’s Act (Parental Recognition), 2015, which proposed a number of amendments to statutes dealing with parental recognition[1]. We noted…

Aug 10, 2016

WeirFoulds Lawyers Recognized in 2017 Best Lawyers® in Canada Directory

WeirFoulds is pleased to announce that 27 of our lawyers have been listed in the 2017 edition of Best Lawyers® in Canada. WeirFoulds has proudly earned 45…

Jun 22, 2016

26 WeirFoulds Lawyers Recognized in the 2016 Canadian Legal Lexpert® Directory

WeirFoulds is thrilled to announce that 26 of our lawyers are recognized as “Leading Practitioners” in the 2016 Canadian Legal Lexpert® Directory. Nine of our colleagues are appearing in the Directory for the first time in this year’s edition.

Feb 11, 2016

Estate Alert – Proposed Amendments to Ontario Legislation in Respect of Parental Recognition

Bill 137 – An Act to amend the Children’s Law Reform Act, the Vital Statistics Act andother Acts with respect to parental recognition, which is also known as Cy and Ruby’s Act (Parental Recognition), 2015 – proposes a number of amendments to the statutes dealing with parental recognition.

Nov 11, 2015

Estate Alert – Common Misconceptions about Joint Accounts and Joint Ownership

Elderly parents will often put their money into bank accounts held jointly with their adult children, or transfer real property into a joint tenancy with one or more of their adult children. Sometimes, this is done for expediency so that an adult child can help manage the asset. In other cases, this is a planning technique used to avoid estate administration tax when the parent dies.

Jul 8, 2015

Estate Alert – Planning for Custody and Financial Support After Death

Parents with minor children have specific estate planning concerns. One such concern is how to provide financially for the children if one or both parents die. Another concern is who will care for and raise the children should both parents die at the same time.

Apr 22, 2015

Estate Alert – 2015 Federal Budget Highlights

Yesterday the Minister of Finance, the Honourable Joe Oliver, presented the federal budget for 2015-2016 (“Budget 2015”) in the House of Commons. The following is a summary…

Feb 13, 2015

The Carter Decision — What’s Next?

Our Estate Alert of February 6, 2015 discussed the Supreme Court of Canada [“SCC”]’s decision of Carter v. Canada (Attorney General)that was released that day. Now that we have had some time to consider the decision, we are asking “what’s next?”

Dec 31, 2014

“Litigating Through the Grey Zone: The Law of Testamentary Capacity” in Annual Review of Civil Litigation 2014

Cited in: David v. TransAmerica, 2015 ONSC 5192 INTRODUCTION It is estimated that approximately 44 million people around the world suffer with some form of dementia. By…

Jul 10, 2014

Partner Caroline Abela Speaks Out on Protecting Seniors from Financial Abuse

To spread awareness of the growing crime of financial abuse of seniors, Caroline Abela has given a series of media interviews.

Feb 15, 2013

Sperm Donors Beware: Can you Bank on Your Anonymity?

The Court of Appeal for British Columbia has recently held that the offspring of anonymous sperm donors (“donor offspring”) have no constitutionally-protected right to know the identities…

Dec 3, 2012

What You Need to Know: Changes to Ontario’s Estate Administration Tax Act

The holiday season offers a rare opportunity for family members to come together to discuss important issues, including the often uncomfortable topic of estate planning. This year,…

Aug 23, 2012

Twenty-one WeirFoulds lawyers named in 2013 Best Lawyers in Canada

Twenty-one WeirFoulds lawyers have been recognized by their colleagues in an annual peer-review survey and named to the 2013 edition of The Best Lawyers in Canada, one…

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Jun 11, 2012

Genetic Material as Property: Rethinking the Common Law View

People draft wills to set out their wishes for how their property is to be distributed after they die. Certain items—such as money, real estate, or jewellery—are…

Feb 22, 2012

Saving Ontario’s Heritage: The Municipal Application of Part IV of the Ontario Heritage Act

Introduction The Ontario Heritage Act, “an Act to provide for the Conservation, Protection and Preservation of the Heritage of Ontario”, (the “Act”) has been with us, in…

Dec 22, 2011

Quiz: U.S.-Canada cross-border estate issues

How would you resolve these case situations?

Dec 1, 2011

Jurisdiction to Review Trustee Discretion – Case Comment on two UK Appeals Pitt v. Holt, Futter v. Futter

Please download the PDF to see the full article.

Sep 21, 2011

Case Law Update: Rondel v Robinson Estate

Estates Interpretation of a Will Admissible Evidence

Sep 20, 2011

Eighteen WeirFoulds Lawyers Named to the 2012 Edition of The Best Lawyers in Canada

Eighteen WeirFoulds lawyers have been recognized by their colleagues in an annual peer-review survey and named to the 2012 edition of The Best Lawyers in Canada, one…

May 1, 2011

Antle and Garron – The Federal Court of Appeal – Focus on the Fundamentals

These Federal Court of Appeal decisions provide welcome direction for those engaged in the planning, implementation and maintenance of trust structures, both domestic and offshore.

Mar 30, 2011

Case Law Update: Credifinance Securities Limited v DSLC Capital Corp

Trustee Constructive Trust Fraud Bankruptcy

Dec 1, 2010

Mission Impossible: Estate Planning and Assisted Human Reproduction

This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.

Nov 17, 2010

What Privilege Does a Trustee Enjoy?

A trustee unquestionably owes a fundamental and comprehensive fiduciary duty to the beneficiaries of a trust.

Nov 1, 2010

A Fair Share?

Ontario law governing a deceased’s “moral obligations” to family members may set the stage for a successful claim by an adult child or spouse to a share of the deceased’s estate even if he or she was left out of the will.

Apr 12, 2010

Low Interest Rates Threatening an Income Trust? There is a Solution.

A trustee appointed under a Will must follow strictly the directions given in the Will. However, where the administration of a trust has become impractical by virtue of superseding events, the courts in Ontario can allow an exception to this rule.

Dec 1, 2009

Some Further Thoughts on Costs in Estate Litigation

In the October 2009 edition of Deadbeat, Elizabeth Seo provided a helpful survey of recent costs decisions in estates litigation.

Nov 1, 2009

Looking to the Future — Mediation of Estate Disputes

Anyone who practises in the Estates arena knows how highly charged the issues can get.

Oct 13, 2009

A New Entitlement of Independent Adult Children to a Share of their Parents’ Estate?

In Ontario freedom of testamentary disposition is restricted by the Succession Law Reform Act.

Oct 1, 2009

Guardianship: What You Need to Know

As medical science has improved, so has the prognosis for many of those who are catastrophically injured.

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