Wills, Trusts & Estates
-
September 30, 2024
Bedside manner: What they don’t teach you in law school
Many lawyers have a difficult time not only in acquiring clients but also in keeping clients or achieving client referrals. Many times, this is the case despite the quality of the work, the speed produced or even the price charged. One large reason for this comes as a result of a lack of “bedside manner” — a term typically used for doctors and patients but extremely applicable in the legal industry.
-
September 27, 2024
New associate joins Clark Wilson B.C.
A recent news release from Clark Wilson LLP announced that Jonathan Fung had joined the firm’s estates and trusts group as an associate.
-
September 27, 2024
When injury leads to incapacity: The role of guardianship
When a person sustains serious injuries after an accident, their ability to make decisions about their physical, mental or financial well-being may be compromised. When these injuries are severe enough to render the person “mentally incapable,” the legal concept known as guardianship may be necessary to protect their interests.
-
September 26, 2024
Former Brampton lawyer who stole $3.2M, believing he was dying, gets 5-year sentence
A former, Brampton, Ont.-based lawyer who stole more than $3.2 million he received in trust from his clients when he believed he was terminally ill has been sentenced to five years in prison.
-
September 26, 2024
Role of technology in elder law estate planning
In an increasingly digitalized world, the move to technological advancements in the legal arena is becoming increasingly apparent. With respect to estate planning and, in particular, the preparation of wills and powers of attorney, there are still many formal requirements to validly execute the documents. While the use of technology can be complementary to these formal processes and requirements, allowing alternative methods to witness and execute estate planning documents, the process still cannot solely be completed through the use of technology.
-
September 25, 2024
Limitation period raised as defence to loan between spouses
The court’s observation in June 2021 that the litigation between T.O. and D.O. was “fast and furious … heading for a very lengthy and expensive trial” was prescient, a legal journey with four hearings in the Superior Court, and the sad death of T.O. in August 2023, culminating in a final appeal that took four hearings, with the judgment handed down on Aug. 8, 2024.
-
September 25, 2024
Pursuing unjust enrichment in the Joint Family Venture context
Family assets and businesses are very often the product of the combined efforts of both members of a cohabiting relationship. This can be true whether the cohabiting spouses are legally married or not (i.e., common law).
-
September 24, 2024
The succession rights of unborn children: Intestacy
Intestate succession in Ontario is governed by a structured and complex process under the Succession Law Reform Act (SLRA). The legislation first provides for the surviving spouse and descendants, and if there are none, it makes provision for other blood relatives of the intestate.
-
September 23, 2024
A law student’s summer experience in estate litigation | Fara Seddigh
When I told my family and friends about my plans to spend the summer working in estate litigation, I encountered a range of responses, from genuine interest to puzzled expressions. While I received the usual “Congratulations!” and “That’s amazing!” responses, they were often followed by the curious “Why estates?” question. It was almost as if people were trying to hide their confusion as to why I would choose anything so niche so early on in my career.
-
September 20, 2024
Canadian Judicial Council says guidelines coming for federal judges’ use of AI, social media
As part of their two-day fall meeting in Charlottetown this week, the chief and associate-chief justices of the nation’s superior courts discussed their progress in creating guidelines for federal judges’ use of artificial intelligence (AI) and social media, the Canadian Judicial Council (CJC) says.