Wills, Trusts & Estates

  • November 04, 2024

    Succession Law Reform Act: Substantial compliance

    Imagine being able to prove that a handwritten note in your notebook could be your last will and testament. That is exactly what the newest Ontario concept in estates law, “substantial compliance,” strives to do.

  • November 01, 2024

    Judicial council’s 1st ‘guidelines’ for AI use by judges & courts highlight risks, advise caution

    The Canadian Judicial Council (CJC) is advising courts to exercise caution when using artificial intelligence (AI) tools given the potential risks, including entangling the judiciary in “legal complexities,” such as the infringement of copyright or violation of privacy laws.

  • October 31, 2024

    4 Lerners articling students return as associates

    Recent news releases from Lerners LLP announced the return of former articling students Madeleine Cleland, Minki Jeong, Brienna French and Sanan (Sunny) Mirza as associates in the firm’s Toronto and London offices.

  • October 31, 2024

    First dealings exemption: How it can save on probate fees

    While not mandatory, if there is a will, third-party institutions such as banks or the land registry office, when dealing with real property, typically require that probate be obtained in order to deal with the assets of the estate. Probate is the often-dreaded process where an estate trustee receives a Certificate of Appointment of Estate Trustee, which confirms their authority to administer the estate.

  • October 31, 2024

    AI’s (in)ability to reason and what it means for lawyers

    One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)

  • October 30, 2024

    The Ontario Land Tribunal: A gradual erosion of access to justice | Brian Cook

    Once upon a time in Ontario, there was a robust tribunal system dedicated to environmental and planning issues. While by no means perfect, the system featured adjudicators who had subject matter and dispute resolution expertise. It was possible for citizens and community groups to appeal local land use decisions to what is now the Ontario Land Tribunal and participate in hearings by presenting oral testimony and making submissions.

  • October 29, 2024

    Canada sanctions weapons & aid suppliers to Myanmar military after hundreds of civilians bombed

    In coordination with the EU and the U.K., Canada has imposed sanctions under the Special Economic Measures (Burma) Regulations against three individuals and four entities for supplying weapons and military equipment to Myanmar’s military.

  • October 29, 2024

    When a holding company makes sense in estate law

    The preparation of a will to direct and manage the transfer of assets between a person and their beneficiaries is often the primary focus in the estate planning process. What is not always considered by many is the role proper estate planning plays in the preservation of wealth and the minimization of taxes on the transfer of those assets.

  • October 28, 2024

    Family violence against kids, youths and seniors hits highwater mark in 2023: Statistics Canada

    Statistics Canada has painted a troubling statistical picture of the trends in family violence that were reported to police last year.

  • October 25, 2024

    Grey divorces: What’s unique about them? Part two

    In the first of this two-part series, we covered some of the bread-and-butter legal aspects of that have to be covered in any divorce but may take more prominence when the spouses are older (see below for link to part one). These topics include the impact of any domestic contract and whether both spouses have legal capacity.

Can't find the article you're looking for? Click here to search the Wills, Trusts & Estates archive.