Will my son-in-law or daughter-in-law have access to the inheritance I leave my child in the event of their divorce?

When explaining the purpose of various clauses in clients’ Wills with them, one clause that always seems to peak clients’ interest is the “Community of Property” clause. Essentially, this clause can help protect a beneficiary’s property from ending up in the hands of that beneficiary’s ex-spouse. This is understandably an important consideration for many clients…

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Estates errors: Common will drafting mistakes part 2

David Mills has seen his fair share of badly drafted wills. David says the legal profession’s fondness for one of the world’s historical languages often causes problems for testators and their beneficiaries. Mills says two Latin phrases: per stirpes and per capita; frequently appear in wills but their use can trip up both lawyers and non-lawyers alike. Read about why…

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Have you sued a Ford, lately?

It’s been about a week since Doug Ford won the provincial election. Yet it’s not all good news for Mr. Ford. In fact, on the eve of the election, Renata Ford, the spouse of the late Rob Ford, commenced a civil action against our Premier-designate for breach of trust and conspiracy in connection with his…

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Court’s gatekeeper role in estates cases curbed by decision

In a 2017 decision, the Ontario Superior Court suggested a shift was needed to cut the number of generic consent orders for disclosure that were consigning “parties to lengthy, intrusive, expensive documentary collection and investigation proceedings.” The decision prompted some to believe that judges would play a more active gatekeeping role by applying an evidentiary threshold…

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