What Happens When An Estate Trustee Has Their Own Agenda?

Blog Post
June 19, 2017

An estate trustee is expected to manage the assets of an estate responsibly, prudently and with a degree of diligence. They should also not be swayed by their own interests, particularly when it comes to engaging in unnecessary litigation. But what happens when an estate trustee is driven by personal animosity or has their own agenda? This is what the Ontario Superior Court of Justice dealt with in Craven v Osidacz.

Can I Be Paid For Managing An Incapable Person’s Property?

Blog Post
May 25, 2017

The roles of an attorney or guardian of property carry a great deal of responsibility, not to mention the time and effort involved. So it makes sense in some circumstances that an individual should be paid. Section 40 of the Substitute Decisions Act authorizes an attorney or guardian of property to take compensation for the work they do in managing someone else’s property and finances.

Medically Assisted Dying – An Update

Blog Post
May 4, 2017

June 17, 2017, will mark the one-year anniversary of the new Medical Assistance in Dying law in Canada, which amended the Criminal Code to allow the lawful provision of medical assistance in dying to eligible Canadians. In anticipation of the anniversary, on April 26 the federal government released an Interim Report on Medical Assistance in Dying. Keep reading to view a copy of the Interim Report.

Financial Abuse of the Older Adult – What Are The Signs?

Blog Post
March 15, 2017

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.

Trust Investments: Don’t Put All Your Eggs In One Basket

Blog Post
February 16, 2017

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.

Suspicious Will-Making: When Should You Challenge The Validity?

Blog Post
January 18, 2017

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?

Who Has The Authority To Plan Your Funeral?

Blog Post
January 5, 2017

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 »