Archive for the ‘Estate Litigation’ Category

Section 3 Counsel

Friday, March 27th, 2015

On the first day of Osgoode Hall’s Certificate in Elder Law program much was discussed including understanding the ageing process and confronting ageism. From counsel’s perspective it also served as a refresher of the role of section 3 (of the Substitute Decisions Act, 1992).  As you may know Section 3 gives ...

An Unregistered Transfer of Property Can Be Valid

Wednesday, March 25th, 2015

A recent decision in the Ontario Superior Court of Justice held that a deed of transfer of land can still be valid even if the deed wasn’t registered until after the transferor died. In the case, Sproul Estate v. Sproul, the testatrix, Ann Sproul, had purchased a house in 1989 with ...

“Red Capacity Flags for Lawyers and Financial Advisers”

Wednesday, March 18th, 2015

  A number of recent blogs have highlighted the growing importance of Alzheimer disease and other dementias.  In this blog, I identify four of the important variables and ‘red flags’ that increase the likelihood that a client may be suffering from dementia, and thus the concern that a client may not ...