Wills and Estates

About Mental Capacity Rules around testamentary capacity in Ontario state that the capacity required to create a valid will in the Province of Ontario is the highest degree of mental capacity at law (Re Banton). The testator must have a “sound disposing mind” to understand and...

Knowledge and Approval To establish testamentary capacity, the testator must have both knowledge and approval of the contents of his or her will. Approval suggests voluntariness. However, it is possible to have capacity that is not subject to undue influence, and yet still be unaware of...

The Elisabeth Bruyère Hospital’s complex palliative care facility has come under scrutiny in the Ottawa Citizen recently. The subtext seems to be that the Bruyère is a publicly funded institution, so it should permit medical assistance in dying (MAID) and related consultations on its premises...

The new reality of palliative care in which we are living reminds me of the following tale. There once was a frail elderly man who lived with his son, daughter-in-law and four-year-old grandson. One day, the son became impatient with his elderly father, because in his...

Did you know that marriage revokes a pre-existing Will? In other words, if you sign a Will today that gives everything to your common law spouse, and you get married to her tomorrow, your Will is revoked on the day you got married. But, you...

This is a continuation of our series examining a different part of a Will signed in the Province of Ontario in order to share basic practical knowledge of this important legal document, which can save you taxes and create a social safety net for your...

We will be starting a series where we explain a different part of a Will signed in the Province of Ontario in order to share basic practical knowledge of this important legal document, which can save you taxes...

According to early reports, the late Senator Zimmer may owe the Canadian Senate roughly $176,000.00. Auditor General Michael Ferguson determined in 2015 that Senator Zimmer had inappropriately claimed $176,012 in expenses. If one thing is clear from the trial of Senator Mike Duffy, it...

The Ontario Court of Appeal made a decision on June 10, 2016 that has important legal implications and a significant lesson for all Ontarians. They concern the relationship between lawyers and their clients, and between the executors of estates, also called estate trustees, and third...

Many want to donate their organs for therapeutic purposes, i.e. for organ donation, while others wish to donate their remains for scientific research, or both. You should let the executor of your Will be aware of your wish to donate your organs, and for what purpose....

Domain names, websites, blogs, profiles on social networking sites, and other online content may be of both economic and personal value to you and your beneficiaries. But what happens to them when you die? The answer depends on the service in question, but generally speaking,...

You spend, you save, and when possible you take advantage of loyalty benefits such as Air Miles and Aeroplan Miles to help with the family budget. In fact, many people have built up many reward miles and they often have significant value. But have you...

Do you have pets? If so, have you planned for them in your will in the event you pass away before they do? There are three ways to provide for your pets when you die: Pet stewardship by a friend: Leave a specific gift in your will...

When a person passes away in the Province of Ontario, the Estate Administration Tax, also known as probate tax, is charged to his or her estate. The estate executors, also called estate trustees, are responsible for paying the probate tax out of the funds of...