Weilers LLP

High Conflict Estates Cost A Lot

April 9, 2024 By Jonathon Clark  An estate trustee has a right to be indemnified for its proper costs and expenses. An estate trustee may be removed pending the passing of accounts, but they are entitled to have a holdback set aside to cover their costs of passing accounts. The passing of accounts is the […]

Gift or Trust?

April 4, 2024 By Brian Babcock  We have written before about resulting trusts, and the case of Pecore v Pecore which says that when you give a gift to an adult child, the presumption in law is that you are transferring only the legal title and that you are still the beneficial owner. THE ISSUE […]

Is That Will Valid?

March 7, 2024 By Mark Mikulasik IS THAT WILL VALID? I am writing this in November, which is “Make A Will Month”, but not just to remind you that any time is a good time to make a will. If you don’t need another reason to do so how about this – without a will, […]

What if you Die Early?

October 6, 2023 By Brian Babcock It’s not something you want to contemplate, let alone discuss, but it does happen. Have you talked about your children’s futures? Who will care for your pets? What about your digital assets? If you don’t have a spouse, children, or pets, what charities do you want to benefit, or […]

Towards Efficient Justice in Estate Disputes?

September 1, 2023 By Jonathon Clark Estate disputes triggered by sibling rivalry continue to clog up Ontario courts. THE CASE So much so that the Ontario Court of Appeal upheld a Superior Court decision where the judge departed from normal requirements that the outcome of a hearing has to be something the parties anticipated or […]

What Happens to Your Pets When You Die?

August 28, 2023 By Mark Mikulasik Many of us consider our pets to be part of the family. Ontario law considers them to be property. British Columbia is leading the way with proposed legislation that would treat pets more like family members in the event of a custody dispute. However, this does not appear to […]

Estate Trustees and the Explosion of Litigation

July 4, 2023 By Jonathon Clark In a recent article, we focused on how terminology can confuse even sophisticated people as to the difference between various sorts of trustees. That article emphasized the importance of understanding your role. THE ISSUE But should you agree to act? THE CASE If you are named as an estate […]

Removal of Trustees

June 20, 2023 By Mark Mikulasik What happens when a trustee must be removed, whether due to ill health, misconduct, or other good reason? And who determines what is a good reason? We touched on this topic before in an article on selection of trustees, but thought it deserves more attention. The law in Ontario […]

What is the Duty of Even-handedness?

June 13, 2023 By Brian Babcock If you are a trustee, such as an estate trustee, you have a wide variety of duties that you owe to the estate and the beneficiaries. One of these is the duty of even-handedness, sometimes no one has the duty of impartiality. The will or other document setting up […]

Are you now or have you ever been…

January 13, 2023 By Fhara Pottinger …an estate trustee, an executor, an executrix, or a plain old trustee? THE ISSUE The modernization of legal terms to keep pace with the modernization of the English language is a good thing, but you need to be wary of unintended consequences. Some of the changes, while effective for […]