Articles

On October 31, 2012 the Ontario Court of Appeal released its decision in Carrigan v. Carrigan Estate, which will have an impact on who may be entitled to pension death benefits under the Pension Benefits Act.

The Statutory Review Sub-Committee of the Trusts & Estates Executive has been working on a call to reform Ontario’s Estates Act as it pertains to bonding requirements.

The recent Ontario Superior Court of Justice case of Daradick v. McKeand Estate addresses the issue of when a court will rectify a will, specifically when a drafting solicitor has failed to follow the testator’s instructions.

It has been said that infinite monkeys at infinite typewriters will eventually write the complete works of William Shakespeare.

Daradick v. McKeand Estate, 2012 ONSC 5622, suggests the scope for rectification of wills in Ontario may be broadening.

The Ontario Court of Appeal recently revisited the meaning of the term 'per stirpes' in the interpretation of the Will of the late Mr. Joseph Wesley Dice in Dice v. Dice Estate.

As was stated by Jordan Atin during the recent 15th Annual Estates and Trusts Summit, it is only a matter of time before a lawyer is sued for not having advised their client of the availability of ERAssure.

Filing electronic versions of documents in civil appeals and judicial review applications in the divisional court.

An interesting question has arisen from discussions with a colleague recently that has caused me to revisit the structuring of discretionary trust provisions particularly in relation to their final termination.

Three cheers for the Henson trust and the case that made it possible.