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Searching Content indexed under Wills/ Intestacy/ Estate Planning by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Multiple Wills
​For almost two decades, Ontarians have been using "multiple wills" to minimize the amount of tax ("Estate Administration Tax", or "EAT") their estates pay for obtaining a probated will.
Canada
6 Feb 2019
2
Supreme Court Of Canada Confirms That "Henson" Trusts Are A Valuable Tool For Families With Dependent Disabled Children Or Relatives
​Many Canadian families leave inheritances for their disabled children or relatives in a "Henson" or "absolute discretionary" trust. The main feature of these trusts is that assets held in trust
Canada
1 Feb 2019
3
Exception For Incapable Persons Cannot Be Used To Extend Time For Estate Trustees
The Ontario Court of Appeal confirmed in Lee v. Ponte that s. 7 of the Limitations Act does not apply to extend the time within which an estate trustee can bring a claim that the deceased person
Canada
20 Dec 2018
5
A First Decision Interpreting The All Families Are Equal Act
The case of M.R.R. v J.M., 2017 ONSC 2655 has given us a first glance at how the courts may be expected to interpret the changes to the CLRA resulting from the All Families Are Equal Act...
Canada
25 May 2018
6
Forcing The Hand Of A Trustee: Interim Distributions
This case sets a precedent for beneficiaries that wish to compel the distribution of assets from the executor through court proceedings.
Canada
20 Nov 2017
7
Bank Account Records are Not Always Helpful to Rebut a Presumption of Resulting Trust
Since the Supreme Court of Canada decisions of Pecore and Madsen Estate v. Saylor were released in 2007, the courts have seen an increase in challenges to jointly-owned assets...
Canada
6 Nov 2017
8
Important Legislative Amendments In Health And Estate Law
The All Families Are Equal Act ("AFAEA"), which entered into force on January 1st, 2017, reflects the Government of Ontario's desire to implement a broad progressive agenda throughout provincial legislation...
Canada
22 Sep 2017
9
Estates Litigation Update: The Superior Court Has Broad Jurisdiction And Inherent Jurisdiction To Appoint An Estate Trustee During Litigation Even Where There Is No Will Challenge
Instead, Justice Meyers held that the court has broad and inherent powers to supervise the management of estates and to control its own processes.
Canada
17 Jul 2017
10
Application Of Trustee Act Limitation Period To Crossclaims
In Levesque v Crampton Estate, the Court of Appeal for Ontario held that the two year limitation period in the Trustee Act applies to crossclaims, overturning the decision at first instance.
Canada
21 Jun 2017
11
Quasi-Testamentary Dispositions: A Lesson From The Insurance Act
Few would be surprised to hear that Canada's aging population has created challenges for many professionals, particularly those who do estate planning.
Canada
15 Sep 2016
12
BC Court Of Appeal Clarifies Rights Of Joint Accountholders
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
Canada
11 Jul 2016
13
Lottery Winnings And Penny Stocks: Court Allows Action To Proceed Against Financial Advisors
On June 14, 2016 the Ontario Superior Court allowed an action commenced by the estate of a deceased lottery winner to continue against her former investment advisors
Canada
30 Jun 2016
14
Superior Court Reaffirms Public Policy Limitation On Charitable Trusts
In a recent decision on an application by Royal Trust Corporation of Canada, Justice Mitchell of the Ontario Superior Court of Justice found a donation in a will to be contrary to public policy.
Canada
27 Jun 2016
15
Courts' Power To Set Aside Discriminatory Wills Is Limited
The Ontario Court of Appeal recently overturned an Application Judge's decision to set aside a will on public policy grounds, emphasizing the principle that the scope for judicial interference with a testator's wishes is limited.
Canada
13 Jun 2016
16
Financial Institutions Must Ensure They Receive Valid Instructions From Estate Executors
When an estate has multiple executors, unless the will says otherwise, all of them must make decisions together.
Canada
9 Jun 2016
17
Bank Entitled To Require Probated Will Before Releasing Assets
In-house counsel often ask us whether they should require a probated Will before releasing assets or cash to the executor of a deceased customer.
Canada
19 May 2016
18
Probate Fees: New South Wales Has It Right
Financial institutions are besieged by requests to release the assets of deceased people without a probated Will.
Canada
13 May 2016
19
Bank's Discretionary Probate Policy Approved By The Court
The executor's application was dismissed with costs payable to Scotiabank.
Canada
25 Apr 2016
20
Medical Assistance In Dying - What Financial Advisors Need To Know
Many financial advisors recommend that their clients make powers of attorney for property and personal care, and so are drawn into discussions about end-of-life care.
Canada
25 Apr 2016
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