This article was co-authored with Ronald Neal, student-at-law. A centuries’ old practice gives personal representatives one year after the death of a deceased to wind up the deceased’s estate (calling in assets, paying estate debts, converting assets to enable distribution of the estate, etc.).  This is often called the “executor’s…

It is common for Canadians to move from one province to another. As part of such a relocation, financial planning and personal relationships are among two aspects of life that often change or evolve. The law applicable to a particular matter may also change depending on the province. The jurisdiction…

In a previous post, I shared with you a number of interesting (often odd) requests and bequests in a last will and testament.  Today, I share part two of some of the most interesting last wills and testaments in the last few centuries: Can we communicate with the dead? Harry…

A party has a right to be present at all parts of the litigation process, including at examinations for discovery.  However, the court has discretion to exclude co-parties from attending at each other’s examination for discovery where there is a risk of evidence tailoring.  In the recent case of Boodhoo…

A last will and testament can often provide insight into a person’s final fortunes, thoughts, and wishes, right down to who should receive his or her hair strands.  For today’s blog, I decided to research fascinating (and sometimes questionable) provisions in last wills and testaments.  I share with you some…

An advance directive is a document setting out an individual’s wishes for future medical treatment, most often for treatment in the event of incapacity or unconsciousness.  For example, individuals can outline their wishes with respect to withdrawing, withholding, or providing lifesaving treatment (such as feeding tubes or “Do Not Resuscitate”…

With minimal restrictions, a testator can appoint whomever they wish as their estate trustee.  However, as our avid readers may know, a testator does not always make the best choice.  In such cases, section 5 of Ontario’s Trustee Act gives the court the power to appoint a new estate trustee…