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 itemssuch as money, real estate, or jewelleryare easily identifiable as […]
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 principle, since March […]
Quiz: U.S.-Canada cross-border estate issues
How would you resolve these case situations?
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.
Case Law Update: Rondel v Robinson Estate
Estates Interpretation of a Will Admissible Evidence
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 of the most […]
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.
Case Law Update: Credifinance Securities Limited v DSLC Capital Corp
Trustee Constructive Trust Fraud Bankruptcy
Mission Impossible: Estate Planning and Assisted Human Reproduction
This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.
What Privilege Does a Trustee Enjoy?
A trustee unquestionably owes a fundamental and comprehensive fiduciary duty to the beneficiaries of a trust.
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.
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.
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.
Looking to the Future — Mediation of Estate Disputes
Anyone who practises in the Estates arena knows how highly charged the issues can get.
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.