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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 that prevents the vesting of […]

When Sharing A Wall Becomes A Nightmare

There are many qualities to consider when choosing a house for purchase, including design, location, price and community attributes like schools, parks and recreational facilities. Interestingly, a recent story published in the Toronto Star entitled “Vacant house a nightmare for neighbour” by Jessica McDiarmid also reminds us that curb appeal and one’s would-be neighbours should […]

Estate Trustee Role Can Be Thankless

Many people, when asked by a loved one to act as an estate trustee, feel sentiments of honour often mixed with a sense of duty and obligation. However, performing the role can also be onerous, particularly if one wants to do a good job. Unfortunately, as Erna Schneider found out in Aber Estate, 2013 ONSC […]

Squabbles Over Estate Trustee Compensation

The work of an estate trustee can be a time consuming and often exhausting role, with the possibility of a wide range of tasks. Unfortunately, there continues to be disputes in some estate administrations as to how much an estate trustee should be compensated for their work. Objections about compensation usually come from beneficiaries whose […]

4 Steps to Avoid Liability For Misinterpreting A Will

The role of an estate trustee is often a difficult one, depending on the size and complexity of the estate they are administering. Despite the honest and best efforts of the estate trustee, they may misinterpret the will and, in so doing, take steps contrary to the testator`s wishes. Although hindsight is 20/20, McDougall Estate, […]

When Pets Rule Communal Living

Life Lease Occupancy Agreements (“LLOA”) allow individuals to purchase the right to occupy a residential unit and to use the common facilities associated with it, without purchasing title to the unit as would be the case in a condominium. The arrangement has as an added benefit of more security of tenure than is the case […]

Court Sides With Estate Trustee In Fraud Case

Di Michele v. Di Michele, 2014 ONCA 261 (CanLII) is a recent decision that reminds will makers to choose their estate trustees very carefully. The law says that a bankrupt person cannot act as an estate trustee. However, this case reinforces that a prospective estate trustee should also have strength of character, including honesty and […]

Estate Problem Denial

Today, we will look at the fourth of four real-life estate planning scenarios recently presented to me. A colleague contacted me seeking advice regarding an estate planning matter for which she was asked to provide legal services. The prospective client is, apparently, a family friend who refuses to have a will professionally prepared by anyone […]

So Who Will Take Care of Mom?

Today, we will look at the third of four real-life estate planning scenarios recently mentioned to me that will pose a great problem to families in which they unfold … Anne is the eldest of seven adult siblings none of whom are particularly close to each other or their parents. There have been many rifts […]

Estate Disasters Waiting To Happen: Part II

Today, we will look at the second of four real-life estate planning scenarios recently mentioned to me and which threaten future family harmony amongst other issues… A Second Marriage and Secret Love Child Are In the Mix! A man, let’s say his name is Paul, has a number of health complications and has had episodes […]