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Splices in Time

There are times in the world of estates when the circumstances of life unfold in such a way that a will needs to be interpreted in light of the facts that occurred.  Barbeau Estate, 2012 ONSC 3249 (CanLII) was just such a case.  In it, the Estate Trustee asked the Court to interpret two clauses […]

Unravelling the Mysteries of Spousal Beneficiaries

The value of preparing an estate inventory during an estate planning initiative cannot be underestimated.  In general it: 1. is a starting point for your estate trustee (executor) or attorney under power of attorney; 2. supports your decisions enabling defense against a claim that you were not in your right mind at the time you […]

When Family Dynamics Dynamite An Estate

The process of planning your estate can be a sobering initiative with many benefits.  It is an opportunity to: 1. consider the legal steps you can take to best ensure that your wishes and intentions are carried out in the case that you are not able to make decisions for yourself and when you are […]

What Will Happen To Your Pet If You’re Not There?

Although it may be tempting to make light of estate planning for pets, many pet owners worry about the fate of their beloved pets when they die.  Although pets are very often cared for after the death of their owners in informal, non-legal arrangements, such arrangements may not be adequate and pet owners should make […]

Missing Estate Gifts

From time to time, testators (will makers) gift specific assets in their wills which later cannot be found at the date of death because they have been destroyed or disposed of.  In such a situation, the gift will fail in that the intended beneficiary will receive nothing and the gift is said to have “adeemed”.  […]

Post-Inspection Concerns: When Things Go Wrong

There may come a time that you discover something wrong with your house, and you may find yourself disappointed with your home inspection. Intermittent or concealed problems You can only discover some problems by living in a house. They cannot be discovered during the few hours of a home inspection. For example, some shower stalls […]

Let’s Talk About Insurance

 Most people’s response to this article’s title would be, “Let’s not”, but all of us need to have insurance as part of our risk management program. It is interesting to take a look at the relationship between those things that many of us insure against loss and the probability of such an actual loss. The […]

Implications of Citizenship In Estate Planning

It is important that you consider whether you have tax ties to other jurisdictions because of your residency, citizenship or domicile.  Movement across jurisdictions and borders is now very common in our world, whether for vacation, retirement or international work assignments. Residence is the act or fact of dwelling in a place for a period […]

Financing An Education

 How much will it cost parents to fund post-secondary education in future?  It is estimated that the full cost of a 4-year undergraduate degree from a Canadian University in 2028 could be over $130,000.[i]  Universities and colleges are increasingly relying on tuition fees to fund their operations.  Between 1989 and 2009, tuition fees rose from […]

How Free Are You to Plan Your Estate?

Testamentary freedom is the principle that a will is only valid if the testator was, at the time of making the will, free to do as he or she wishes with respect to the disposal of his assets on death, subject to certain exceptions.  A study of the legal framework in which succession planning operates […]