Wills and Estates

TLA has everything you need to know on estate planning for children

By Tony Poland, LegalMatters Staff • Managing estates can present challenges even at the best of times, which is why the Toronto Lawyers Association (TLA) is presenting Planning for Minors, an hour-long education program intended to cut through the confusion when dealing with child beneficiaries. “An estate planning lawyer will gain a great deal from this program. They […]

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Electronic wills may be ‘inevitable’ but they have drawbacks

A headline of a 2019 Forbes article delivered a blunt message to those of us who practice estate law: “Electronic wills are coming whether lawyers like it or not.” The article notes that the U.S. Uniform Law Commission “recognizes the trend in online everything” and recently approved the Electronic Wills Act, which provides a framework

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The simplicity of online will kits is their biggest shortcoming

The appeal of an online will kit is undeniable. Advertisements promise that, for less than $100, anyone can draw up a will in just 20 minutes without ever having to set foot in a lawyer’s office. While this convenience and low cost will appeal to some, there are significant drawbacks that must be considered when

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A loved one has died. Here are the steps you should take next

It is a scenario no person wants to contemplate, but there is a chance that someone close to you could suddenly die, perhaps due to an accident or natural causes. Here is some general guidance about what to do in that situation. You can arrange a traditional funeral with the assistance of your local funeral

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Requests for legal, health documents can’t be fishing trips

When a deceased’s capacity is called into question, medical and legal records are generally a key source of evidence. Having said that, courts will not allow parties to go on a “fishing expedition” with respect to production orders. This issue was recently considered in the case of Young v. Prychitko, 2021 ONSC 3150. To read

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Why it is important to update a will as your family ages

It’s a good idea to update your will every five years since everyone’s personal situation keeps changing. Maybe you were married, separated, had a child or moved to the other side of the country; the possibilities are endless. If you are a parent, it is especially important to have a legal professional look at your

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What people need to know about probate in Ontario

The settling of an estate often involves probate, where the court grants someone authority to act as an estate trustee for the deceased. This procedure, set out in the Estates Act, also confirms that the deceased’s will is their last Will and Testament. Estate trustees can file an application for an estate certificate (previously called

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Know your liability when serving as an estate trustee/executor

If you are asked to be someone’s estate trustee/executor, you may wonder what liability you are assuming. That is on top of the regular workload, as settling the testator’s financial affairs and distributing the remaining assets to their beneficiaries usually takes a year, involving visits to banks, lawyers and other relevant parties. Much can happen

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If you die without a will, here is what will happen

The great thing about having a Last Will and Testament is that it clearly spells out what happens to your estate upon your passing. Conversely, the terrible thing about not having this document in place when you die is that you have no control over how your assets are distributed, which may cause anguish and

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Tips on how to appoint a guardian for your children

When parents consider who should be the guardian of their minor-age children in the event they both were to die, they are probably thinking in terms of who will assume parenting responsibilities. In Ontario, however, there is an important distinction between the custodial guardian and the guardian of property, the latter being the person who

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