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 […]
Why Get A Lawyer To Draft Your Will
November 21, 2024 By Mark Mikulasik November is Make-A -Will Month. This is a promotion by the Ontario Bar Association, yet this month, television seems to be swamped with commercials for an online will service. The one that talks about “the hassle and cost of a lawyer”. So why would you bother consulting a lawyer […]
Inadequate Provision For Dependents In Your Will
October 24, 2024 By Brian Babcock By its very name, a will is supposed to reflect the desires of the testator- the person whose will it is. This discretion to leave your assets to whoever you wish is not unlimited. In Ontario, two laws limit your ability to write the will you want. Under the […]
Who Gets The Dog Part 2
September 24, 2024 By Brian Babcock We posted an article recently highlighting the issue of the risk of battles over dog ownership, focused on the case of Carvalho v. Verma, a particularly hard-fought battle. How hard fought? The court has now considered the costs of this application. Noteworthy is the fact that the two sides […]