There was a decision released recently in the case of Walling v. Walling in Ontario that offers a sharp wake-up call for estate trustees. In this case, the estate was divided between two young beneficiaries, and so the funds were held in trust for a number of years....
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cesia@wall-arm.ca
When did you last look at your deed?
I was reading the Globe and Mail yesterday and came across this article about an extreme surveying blunder. Essentially, because of surveying errors by the provincial government on First Nations lands dating back over 100 years, many people in the Squamish area of...
An estate dispute of Dickensian proportions
There are many cases released every month on estate disputes. One that has been of particular interest lately is the case of the estate of John Kaptyn. John died in 2007, having made a detailed and complex plan for his estate that would effectively skip a generation....
The funeral goes digital
I listen regularly to the show “Q” on CBC Radio One. Last week, they featured a very interesting interview with the funeral director at Schoedinger Funeral Home in Columbus, Ohio, which is pioneering the concept of webcasting funerals. The concept was originally...
When does a denial of warranty become a guarantee?
I attended a conference yesterday through the Ontario Bar Association called the Institute of Continuing Professional Development. It is an annual program for lawyers in Ontario that provides an overview of developments in every area of law. I spent the morning...
Having a green death
The Globe and Mail posted an article today on a company in Colorado called the Crestone End of Life Project that has a focus on green burials and alternative funeral arrangements. They offer the option of a funeral pyre, an at-home funeral, or burial services that use...
Surprise!
There seems to be an idea in North American culture that we like surprises. Surprise parties, unexpected gifts, fortuitous meetings – they’re all a hit. Where surprises cause big problems, however, is when they involve your estate. Ian Hull at Hull and Hull in Toronto...
30 is the new 35
Most people will have heard the news announced by the federal government on Monday about the new mortgage rules that will take effect this spring. There are three main changes: the maximum amortization on federally insured mortgages will now be 30 years instead of 35;...
Taking care of business
The Globe and Mail published an article last week on business wills. The author interviewed Lynne Butler, who blogs at Estate Law Canada, about the need for separate instructions regarding what will happen to your business on your death. As Lynne notes, the time to...
Privacy beats the bank
Last week, the Ontario Court of Appeal released a decision in Citi Cards Canada Inc. v. Pleasance. In this case, Citi Financial wanted to collect on a credit card debt of $11,000.00 through a forced sale of the debtor’s home. In order to do so, however, it needed...