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, ...

A different kind of trust, a different set of rules

Monday, July 28th, 2014

In 21 x 3, I wrote about three, sometimes tricky, trust rules:  the 21-year deemed dispositon rule; the rule against accumulations; and, the rule against perpetuities.  Following the post, I realized I had not been specific enough when a reader - esteemed charitable foundation advisor and former colleague, David Windeyer - ...

To tell or not to tell: the sequel

Wednesday, May 28th, 2014

My associate Paul Fensom recently raised the matter of speaking to your family about your Will. Paul opined that while there is no legal (or moral) obligation for a testator to discuss the terms of their Will with family, where the estate distribution may cause beneficiaries to be surprised and/or ...