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: 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: Limitations Claims, 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 Law, Real Estate, Wills & EstatesTips for When a Client Dies
It is a difficult experience when a client dies. However, the right to confidentiality does not end with death and you have continuing professional duties. Our new tip sheet explains the steps to take upon learning that a client has passed away, depending on whether the matter involved litigation, wills or real estate, as well… Read More »
Categories: Civil Litigation, Real Estate, Wills & EstatesNew Ontario Court forms that come into force Jan 1st that will impact on wills & estates lawyers
New Ontario Court forms come into force on January 1, 2022. The amended forms, now available on the Ontario Court Forms website, have a simplified format and helpful instructions. Old forms will not be accepted after January 1, 2022, unless the court orders otherwise. The rule and form amendments also include consequential amendments prompted by… Read More »
Categories: 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 Errors and Omissions Coverage, Wills & EstatesTips to Manage the Important New 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: Wills & EstatesIntroducing the “Small Estates” process as of April 1, 2021
The government of Ontario’s optional simplified process for probating small estates comes into effect on April 1, 2021 and applies to estates with assets of less than $150,000. This will be a welcomed change for lawyers and their clients. New Rule 74.1 of the Rules of Civil Procedure (as found in O.Reg. 111/21) sets out… Read More »
Categories: Wills & Estates