Mouldy Transactions!
“Mould” is a term used to describe a large group of microorganisms (including mushrooms, toadstools and yeast) making up the Fungi Kingdom in biology. Over 270 species of mould have been discovered to exist in Canadian homes. Where moisture, heat and a source of nutrients co-exist, moulds grow and reproduce rapidly. Sources of moisture in […]
Estate Disputes Over Joint Accounts
Disputes over joint accounts are becoming increasingly common in estate litigation cases. They generally involve the situation where the deceased depositor or owner of the funds had gratuitously added the name of one or more other persons to the account, thereby creating a joint account. In contrast, it does not involve the situation where the […]
Dependant Support Claims for Broken or Unwed Families
Ontario legislation enables dependants of a deceased person who have been inadequately provided for by the deceased, to apply to the court for support out of the deceased’s estate, regardless of whether the deceased died with or without a will. Under the legislation, the dependant is a spouse, parent, child, brother or sister to whom […]
Plan to Give
Canadians generously give to charitable and not-for-profit causes for many reasons. For example, some: feel compassion for others’ needs; are moved to give to a cause in which they believe; have a friend or loved one who has been affected by a situation for which there is organizational support; or fulfill religious obligations or beliefs. […]
Are Our Dearly Departed in the Way?
That`s what complaints from Mount Pleasant neighbours crying out for crematoriums to be 300 meters away from residences seem to be suggesting or even outright saying; but perhaps this is an overly simplistic summation of what some consider to be a serious controversy. Apparently, at the root of the complaints are health concerns about crematoriums’ […]
Extravagant Funeral or Frugal Tombstone?: How Lifestyle Follows You To The Grave
Just how extravagant should a deceased person`s funeral and final resting place be? This issue repeatedly surfaces each time the cycle of life brings death within our midst. Despite the existence of some fundamental rules of law, there are some twists and turns that unfold from time to time… First, the executor of the deceased`s […]
Death Cafés: Embracing Our Mortality
Death Chatter. What an interesting concept! Although I work in the death industry, I hadn’t really considered whether there are other people who may enjoy or even be fascinated by the concept of death as I am. A friend once told me that I like to talk about death too much. I guess she is […]
Securing the Estate Trustee
In some situations, when a party applies to the Court to be granted a certificate of appointment of estate trustee (also known as probate) and, thereby, be formally appointed as Estate Trustee (also called executor), they must provide an administration bond of indemnity with the application. This essentially means that the proposed estate trustee has […]
When Foreign Owners of Ontario Assets Die
It is becoming increasingly common for many residents of foreign jurisdictions to own assets in Canada and specifically in Ontario. Unfortunately, many people do not consider the implications of foreign ownership on death. If a non-resident of Ontario who is resident in another part of Canada, the United Kingdom or a British colony, dies while […]
Estate Trustee Misconduct: Part II
In my last blog article, I discussed different remedies that may be available to concerned parties whose interests are being comprised by the action or inaction of an estate trustee(s). Specifically, I looked at what steps can be taken when: an appointed or proposed estate trustee refuses to accept the role; a person who may […]