5 Things That Invalidate a Will in Ontario
August 12, 2025 By Mark Mikulasik Creating a will is one of the most important steps you can take to ensure your wishes are respected after your death. But not all wills are legally valid—certain mistakes or circumstances can render a will invalid in Ontario. Here are five common pitfalls to avoid. The Will Wasn’t […]
Power of Attorney vs. Guardianship in Ontario: What’s the Difference?
July 10, 2025 By Mark Mikulasik Having posted a recent article on Powers of Attorney, the question in the title arises. When it comes to making decisions on behalf of someone who can no longer make them for themselves, two legal tools often come into play in Ontario: Power of Attorney and Guardianship. While both […]
Court Ordered Validity of Wills in Ontario
July 1, 2025 By Mark Mikulasik We have written about rectification, the equitable remedy that may solve certain problems caused by errors in wills. There is a similar recently added provision in the Succession Law Reform Act which allows a court to find that a will is valid even where there are technical issues which […]
How to Replace an Estate Trustee in Ontario
May 27, 2025 By Nick Melchiorre When a loved one passes away, an estate trustee (formerly known as an executor) is appointed to administer their estate according to the instructions in the will. The estate trustee has a legal duty to act in the best interests of the estate and its beneficiaries. However, there may […]
Wills v. Trusts: Which is Better for You?
May 20, 2025 By Mark Mikulasik Estate planning is a crucial step in ensuring your assets are distributed according to your wishes after you pass away. Two of the most common tools used in estate planning are wills and trusts. While both serve the purpose of asset distribution, they have distinct features and benefits. Understanding […]
Estate Planning Pitfalls
May 6, 2025 By Nick Melchiorre Estate planning is an essential step in ensuring that your assets are distributed according to your wishes after you pass away. However, many Ontarians make critical mistakes that can lead to will disputes, costly legal battles, and family conflicts. Here are ten common estate planning pitfalls and how to […]
The Importance of Powers of Attorney
April 8, 2025 By Mark Mikulasik What Is a Power of Attorney? A Power of Attorney is a crucial legal tool that ensures your affairs are managed according to your wishes if you become incapacitated or are unavailable. Taking the time to create a POA now can save your loved ones significant stress and legal […]
Variation of Trusts
April 1, 2025 By Mark Mikulasik Having recently posted an article about termination of trusts, we now consider the situation where you want the trust to continue, but some of the terms are no longer appropriate, because circumstances have changed. This may be a change in tax rules, or circumstances of beneficiaries changing from those […]
Termination of Trusts
March 27, 2025 By Mark Mikulasik How does a trust come to an end? There are several possible ways: The settlor may retain an express power to revoke the trust, but absent that the settlor cannot reclaim any of the trust property. A power of revocation must be clearly and expressly reserved at the time […]
If You Die Without A Will
March 20, 2025 By Mark Mikulasik Having a will is one of the most important steps you can take to ensure that your wishes are carried out after your death. However, many Ontarians die without a will in place. Dying without a will in Ontario can create unnecessary stress and financial burden for your loved […]