Introduction In my most recent blog, I described the duties of a person who is appointed Attorney under a Continuing Power of Attorney for Property (“POAP”). Not only is it critical for an Attorney under a POAP to know her/his duties which the law imposes, but the importance of understanding the limits the law places…

Are you acting under a Continuing Power of Attorney for Property? If so, you may want to read this. Introduction: An overarching principle which applies to you as Attorney is to act so as not to do or omit to do anything that would harm the person who appointed you (the grantor) and for whom…

Current events have brought attention to the importance of understanding how Ontario law provides for others to make decisions on behalf of loved ones who are no longer able to do so concerning their health care, including as they face the end of life. What is a Substitute Decision Maker? Under the governing law in…

Changes Ahead Road Sign

A recent decision of the Ontario Superior Court of Justice may signal a change in estate litigation culture, specifically in how the courts are likely to deal with a will challenge. In the case of Seepa v. Seepa, 2017 ONSC 5368, Justice Myers reviewed the common practice in estate litigation cases involving a will challenge….

Inheritance and last will

A recent decision from the Superior Court of Justice of Ontario should serve as a warning to those who may wish to disinherit a family member. In the case of Eissmann v. Kuntz, 2018 ONSC 3650, the Court had to consider a strange set of circumstances arising from multiple testamentary documents left by the deceased…

Estate Planning sign

Wills and Estates Series – Part 2 In Part 1 of this series, we established the importance of having a properly drafted will. With those benefits in mind, we move on to a very important question: Who should be appointed as Estate Trustee? When deciding who to appoint, another question often comes up: Is it…

Last Will and testament document

Wills and Estates Series – Part 1  As the old adage goes, there are only two certainties in life: death and taxes. As we age, we inevitably wonder what will happen to the assets that we have accumulated over our lifetime. The answer, as always, is “it depends.” The area of Wills and Estates is…

Firearms

As of December 2014, there were nearly two million firearm licences issued to Canadian individuals. [1] Furthermore, an Angus Reid survey completed in 1991 estimated that Canadian firearm owners possess approximately 2.7 firearms on average. These statistics fail to account for all unlicensed firearms in Canada, thus, the true number of firearms is undoubtedly higher….

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