One of the most significant and sometimes onerous duties on an estate trustee is to ascertain and locate all beneficiaries who may have an interest in the estate.
By definition, elder abuse is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.
On March 8, 2017, the Law Commission of Ontario (LCO) released its Final Report on Legal Capacity, Decision-making and Guardianship. The report sets out 58 recommendations, including proposals that would reduce misuse and abuse of powers of attorney though better education, transparency and monitoring.
One of the basic principles of investing and a way to mitigate your financial risk is to maintain a diverse portfolio. This advice should also be heeded by estate trustees, who are often overseeing a number of different investments and making financial decisions on behalf of the beneficiaries. A decision from last year, Mowry v Groome, demonstrates what can happen if an estate trustee mismanages these investments.
Challengers to the validity of a Will sometimes cite “suspicious circumstances” as a reason to discredit a Will and the intentions of the testator. But what does this mean? And how do the courts assess whether the circumstances are sufficiently suspicious?
Happy New Year! At the start of another year, it is worth asking: do you have a Will? Dying intestate or dying without a valid Will can cause problems for those who are left behind. For example, without a Will, who should be named the Estate Trustee of your estate? Who has the authority to… Read more »
Can children be conceived by a person even after he or she has passed away? The answer is: yes. As the Ontario legislature has aptly recognized, many individuals are freezing their reproductive material, which may be used to conceive children after a person’s death. The newly introduced Bill 28: All Families Are Equal Act… Read more »
Nelligan O’Brien Payne gratefully acknowledges the contribution of Natasha Chettiar, Student-at-Law in writing this blog post. No province in Canada uses a presumed consent system for organ donation. Instead, the provinces have chosen the “opt-in” system, leaving it up to individuals to make the choice to donate. However, on Tuesday November 29, 2016, Saskatchewan… Read more »
Wills and Estates lawyer John Peart covers some commonly asked questions about the importance of making a Will, beneficiaries, inheritances, lawyer fees, and how Nelligan O’Brien Payne LLP can help with your estate planning. John appeared as a guest speaker on CTVMorning Live Ottawa on February 22nd, 2012. For more information about John Peart, please… Read more »
In this two-part series, a former lawyer in the Wills and Estates Group at Nelligan O’Brien Payne LLP discusses the top ten reasons why you need a will. To view part two of this video, please click here. For more information about our Wills and Estates Group, please click here