Archive for the ‘Wills’ Category

Advanced Care Planning: Your Doctor is Key

Tuesday, March 3rd, 2015

Last weekend I was having coffee with a friend who is having surgery in the near future. She asked what I knew about Advanced Care Planning and asked me whether she thought her lawyer could assist. I did not hesitate to say that this is a very ...

Divisional Court Guidance on “Proper Support”

Thursday, February 26th, 2015

Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at Bonnie’s car dealership to look after things at home. At trial, Justice Greer ...

What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...