Wills & Estates
Separated but Not Divorced: Key Considerations for Wills
Amendments to the Succession Law Reform Act in 2021 (specifically to section 17 and 43.1) mean that, as of January 1, 2025, spouses who have been living separately and apart due to a breakdown in marriage for three years will be treated the same as divorced spouses. In practical terms: Gifts left to the separated… Read More »
Categories: Online Only, Wills & EstatesEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a recent case, the Ontario Court of Appeal ruled that the two-year limitation period under the Trustee Act applied to the respondent’s equitable trust claim… Read More »
Categories: Limitation Periods, Online Only, Wills & EstatesQuestions and answers about the changing practice of wills & estates law
The number of seniors aged 75 and over in Ontario is projected to double by 2046 to 2.6 million from 1.3 million in 2023, suggesting an unprecedented impending wealth transfer in the province. Wills and estates law is already growing and will be even more in-demand in the years to come. We want to give… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Wills & EstatesThe case of the delayed will
In the legal profession, time management is a critical component of risk management. Effectively managing time, from handling daily tasks to progressing case files, can greatly impact the quality of legal services provided. Yet, achieving effective time management is often easier said than done, given the pressures of a packed schedule, unexpectedurgent matters, and the… Read More »
Categories: 2024 June - Time for Tomorrow, Articles, Time Management, Wills & EstatesCRA’s new trust reporting requirements
[Updated March 28, 2024] This year’s tax filing season may be looking different for some people and corporate entities due to new trust reporting rules. These changes, while presenting challenges, also offer legal professionals an opportunity to educate their clients. Overview Previously, trusts were only required to file a T3 Trust Income Tax and Information… Read More »
Categories: Corporate Law, Family, Online Only, Real Estate, Tax, Wills & EstatesPractice Tips for Wills and Estates Lawyers (2024)
This program brings together leading practitioners, including LAWPRO senior claims counsel, to provide key tips and explore some of the leading cause of claims in the area of wills & estates. Covering content of particular interest to wills & estates solicitors, the panel will discuss topics such as discovering assets and liabilities when will-drafting, avoiding… Read More »
Categories: CPD, Wills & EstatesRecent changes to wills, powers of attorney and succession law
The government has enacted 4 important changes regarding wills, powers of attorney (POAs) and to the administration of an estate with Bill 245 – Accelerating Access to Justice Act, 2021 which received Royal Assent on April 19, 2021. (See amendments in Schedule 8 – Substitute Decisions Act, 1992 and Schedule 9 – Succession Law Reform… Read More »
Categories: 2022 June - After Covid 19, Articles, Failure to Know The Law, Wills & EstatesTips for Wills & Estates Lawyers (2022)
Learn from leading wills and estates lawyers and LAWPRO counsel about practice trends and tips for success
Categories: CPD, Wills & EstatesWhen You Get a Call About a Will You Drafted… What Is Your Next Step?
You’re sitting at your desk on a typical weekday afternoon when, out of the blue, you get a call related to a will file. As soon as this happens, be wary. Your first instinct may be to try to help. But calls around wills you’ve prepared raise issues around confidentiality and privilege. Trying to recall… Read More »
Categories: LAWPRO policy, Online Only, Wills & EstatesHow to lessen your risk of a malpractice claim when virtually witnessing wills and powers of attorney
The Successions Law Reform Act and Substitute Decisions Act(the “Acts”) were amended to provide for remote execution and witnessing of wills and power of attorneys on or after April 7, 2020. Allowing remote witnessing of wills and powers of attorneys was originally permitted in response to COVID-19, the Ontario government subsequently changed the law to… Read More »
Categories: Online Only, Wills & Estates