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905.764.8599

Markham Office: 7030 Woodbine Avenue, Suite 500, Markham, Ontario L3R 6G2

Couple Disputes During Estate Planning

Though estate planning is a prudent, responsible and arguably sacred initiative, there are many junctures in the process that can potentially lead to spousal feuding: Spousal Hesitancy: One spouse may not actually wish to do their estate plan. In this case, they may have been “dragged” into the process by

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Should Your Attorney for Personal Care Be Paid?

The answer to this question really is a matter of personal choice and circumstances. A Power of Attorney for Personal Care (POA PC) is a legal document that gives someone the power or authority to make decisions on your behalf in the areas of: health care, medical treatment, nutrition, hygiene,

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No Children? Then What Happens If You Die Without A Will?

If you die “intestate”, meaning without a valid will, your assets will be distributed according to the law of the jurisdiction in which you live. In Ontario, relevant legislation outlines an order of distribution regarding who gets what if you die intestate and have no children or grandchildren. However, this

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Property Rights in Human Tissue

[vc_row][vc_column][vc_column_text] From time to time, one may consider who really owns or should own items that develop in nature. For example, should someone be able to own and sell water, flowers, air (or oxygen), or even land for that matter? Would the answer depend on where the items are located

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Advanced Legacies

It`s not uncommon for parents to loan their adult children money to, for example, buy a starter home, pursue post-secondary education or finance a wedding. Unfortunately, many disputes have started amongst family members after the death of a lender parent over whether an amount given to one child is a

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Wrongful Death Claims

If a person’s death was caused by the negligence or an intentional act of another party, immediate family members can claim compensation. Those entitled to claim such benefits include the surviving spouse, children, grandchildren, parents, grandparents, brothers and sisters of the deceased. The terms “spouse” has a specific definition which

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Think Twice Before Accusing “Breach of Trust!”

Feinstein v. Freedman, 2014 ONCA 205, is a recent case that encourages would-be accusers of breach of trust to look and think deeper before declaring wrongdoing …the question put to the court was whether the children of the settlor of RFT, an inter vivos spousal trust, were entitled to have

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What is Happening to Our Families?

[vc_row][vc_column][vc_column_text] As I recently searched and reviewed several cases for blog post topics, I became aware, or was more likely reminded, that there are many families that have very unhealthy dynamics which either surface or intensify upon the death of a loved one. Furthermore, there are many cases of historical

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Conditional Inheritances

From time to time, testators (will makers) express their intention that proposed beneficiaries of their estate must fulfill a certain condition before receiving a gift under their will or trust document. Such conditional gifts are formally known as “condition precedents” and essentially are a provision in a will or trust

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Andrea Kelly Law
7030 Woodbine Ave., Suite 500
Markham, Ontario L3R 6G2

Office: (905) 764-8599, ext. 1

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