Archive for the ‘Estate Planning’ Category

Boilerplate Blues

Thursday, September 18th, 2014

Most clauses in a Will are (or should be) clear on their face.  That being said, certain standard clauses  - even when drafted in plain English - may be opaque to the layperson.   The “persons born outside marriage” clause is a good example of a provision which begs an explanation.  In Ontario, ...

POWERS OF ATTORNEY AND ALTER EGO TRUSTS

Tuesday, September 16th, 2014

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets ...

Changes to the Rules of Professional Conduct

Thursday, September 11th, 2014

On October 1 the new Rules of Professional Conduct come into effect. As well as rule changes affecting the practice of law generally, there are also specific rule changes relevant to lawyers practising estates and trusts. The new rule 3.4-37 requires a lawyer who drafts a will containing a clause requiring ...