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
Introduction For anyone contemplating legal action, limitation periods are one of the most important rules to understand. A limitation period is the time within which a person must commence a... read more →
The Canadian Lawyer Magazine shortlisted Duensing Law for Top Ontario Wills & Estates Boutique firm in its annual survey. For details please click here.
My article summarizes the decision in Poitras Estate v Poitras, 2016 ONSC 5049. The courts can void wills that are executed in suspicious circumstances, or order that an estate make... read more →