A reminder that you should have wills, even if (you believe that) all your assets are jointly held and of the principles applicable to the removal of an estate trustee.... read more →
There are limits to what can be done with one’s body after death and the public will of animal rights activist Ingrid Newkirk tests the limits. This is an excerpt... read more →
A recent case in the Ontario Superior Court shows how wealth can tear a family apart. This is an excerpt of an article that appeared on Lawyersdaily.ca. To read the... read more →
One of the oldest and most complex issues that arise when advising clients on succession planning is how to manage what is known as the “rule against perpetuities.” Should this... read more →
With the holidays fast approaching, families are no doubt planning their festivities. Having multiple generations under one roof is cause for joyous celebration. But it’s also an excellent opportunity for... read more →
An advance directive conveys the health care wishes of an individual while they are still mentally capable of expressing them. Presuming the individual is, in fact, incapable, the wishes of the... read more →
A recent Court of Appeal also necessary to point to specific facts that support this type of claim. Read on here http://www.advocatedaily.com/matthias-duensing-facts-required-to-support-claim-of-undue-influence.html
It is possible to challenge an executor's claim for compensation even if the claim is for the standard percentage. Matthias Duensing explains how: http://www.advocatedaily.com/matthias-duensing-what-happens-when-a-trustees-claim-seems-excessive.html
Not naming an executor can be costly for the beneficiaries. Potrzebowski v. Potrzebowski, 2016 ONSC 6981 (CanLII), illustrates the pitfalls of not naming a trustee. Details at http://www.advocatedaily.com/matthias-duensing-not-naming-an-executor-can-add-cost-complications.html
The case of Prince v. Nytschyk Estate, 2016 ONSC 7459, is another reminder that everybody should have a will. My review of this case can be found here