Capacity - The Dangers of a Younger Wife
Dealing with vulnerable elderly people is difficult for all concerned. Even well meaning good children who act in the best interests of their parents can find themselves in difficult situations.

Undue Influence

• Setting Aside a Gift - Courts will presume undue influence has been exerted when a gift is made by someone whose decision making process is dominated by the beneficiary of the gift.
  
• Dangers of a Younger Wife
  

Suspicious Circumstances - Grounds for Challenge
One of the basis for challenging the validity of a Will is the allegation of undue influence. If there are suspicious circumstances surrounding the testator then the normal presumption, that a Will is valid if properly executed, is rebutted and it is up to the person claiming that the new Will is valid to prove that there was no coercion or undue influence on the testator.

Formailities - Maybe Maybe Not
The message to those making Wills in Ontario is unmistakable. Those who ignore the formalities set out by the Succession Law Reform Act invite estate litigation after their demise.

Religious marriages status in Ontario law
Does only a religious marriage ceremony give Esther any rights to Harry's estate?

Ex-Wives - The Ex Left Her Out of the Will
Mr. Grant died and left behind both his wife and ex wife. He signed a separation agreement with wife number one where he agreed to provide spousal support for the rest of her life. However, the first Mrs. Grant was not a beneficiary under his Will and upon his death the last Mrs. Grant declined to continue support payments to the first Mrs. Grant. The first Mrs. Grant applied to the Court for a lump sum payment that reflected the money she would have received had Mr. Grant still lived.

Moral Considerations - Moral Obligations and Wills
Paul suffered from Becker's Muscular Dystrophy. He often fell, had trouble standing up or sitting down and going down stairs was arduous. When his parents divorced, Paul's father undertook to support him and recognized that this obligation was to survive his death. In his Will, Father left $125,000 trust to care for Paul. The disease was progressively debilitating and the expense for Paul's care substantially increasing. It was clear that not even Father's entire estate of $650,000 would be enough to care for Paul.

Dependant's Relief and Domestic Contracts - Domestic Contracts are Not Fool Proof
Domestic Contracts are only part of the solution for parties entering into marriages. The best way to discourage litigation is for estate planning to include a fair support scheme for the surviving dependants.

Hostile Relationship - Fighting Control from Beyond the Grave
Control from beyond the grave is often intolerable for beneficiaries unable to access their inheritance. Those appointed to ensure the responsible administration of an estate may or may not have done anything wrong. Nevertheless, the beneficiaries' resentment often stirs controversy and their frustration, mistrust and hostility can result in their asking the court to remove Estate Trustees.

Saunders v. Vautier - Trust Me Not
Regardless of the testator's intention, Courts have terminated trusts if all the beneficiaries agree, have the requisite mental capacity and are of age.

McLear v. Mclear Estate (2000) 33 ETR 272, [2000] OJ No. 2570 (Ont. SC)

Pecore v. Pecore 2007 SCC 17, J.E. 2007-874, [2007] W.D.F.L. 1902, 361 N.R. 1, 32 E.T.R. (3d) 1, 37 R.F.L. (6th) 237, 279 D.L.R. (4th) 513, 224 O.A.C. 330 and Madsen Estate v. Saylor 2007 SCC 18, J.E. 2007-873, [2007] W.D.F.L. 1839, 360 N.R. 327, 32 E.T.R. (3d) 61, 279 D.L.R. (4th) 547, 224 O.A.C. 382, 42 C.P.C. (6th) 1

Joint Bank Accounts - Who gets the money?
The Jewish Tribune

以共有物規畫遺產 有風險
Published in The World Journal, December 13, 2008

Ademption - To Adeem or Not to Adeem
When someone with a Continuing Power of Attorney over property sells property that was left by a will to an individual the Estate has to give that beneficiary the money that came from the sale.

遺囑能力婚姻能力 分際大不同
Published in The World Journal, January 10, 2009

Unjust Enrichment & Quantum Meruit - If it's not fair...
Sometimes, it pays to ask whether or not being left out of a Will is fair. IF the courts find that there is unjust enrichment, they may make a quantum meruit award.

The Law Discriminates Against Common Law Spouses - For those in a common law relationship, the surest way to avoid estate litigation is to draft Wills that have their spouse’s needs in mind and include them as beneficiaries.

The Law of Intestacy in Ontario
Ontario has statutory provisions that detail who inherits an estate when the deceased did not have a valid Will. 

Rights of spouses and children during an intestacy
What rights does the family have when the deceased has no will?  Ontario law has evolved both in terms of the common law and the legislation to provide a structure for the inheritance rights of legally married spouses, children and common law spouses. 

Put Your Own Interests Aside - A person acting under the authority of a Power of Attorney whose actions benefits him/herself, at the expense of the grantor, raises red flags for the estate litigator and poses difficulties for those drafting powers of attorney.

But Mum Promised Me the House - While the courts and legislature place an emphasis on a guardian's responsibility to honour the will, there are times that the benefit of the incapable person must take priority.

Are Halachic Powers of Attorney for Personal Care Binding in Ontario? - This paper will address whether a hospital is bound by a written power of attorney for personal care which requires that the Substitute Decision Maker (“SDM”) consult with a rabbi and be bound by the rabbi’s decision concerning end of life issues.

Are presents given to powers of attorney kosher?

黃耀慧律師 專長遺產訴訟 - Can Attorneys for Property Give Gifts to Themselves from the Grantors' Estates?

Corporate Trustee - "...financial institutions play an invaluable role in the estate litigation process".

Becoming a Guardian of Property - Attorney General of Ontario Article

Duties and Powers of a Guardian of Property - Attorney General of Ontario Article

Powers of Attorney and "Living Wills", Some Questions and Answers - Article by The Office Of The Public Guardian And Trustee

Accountant of the Superior Court of Justice - The Role of the Public Guardian and Trustee

Living Wills - Article by The University of Toronto Joint Centre for Bioethics (JCB)

Ministry of the Attorney General Power of Attorney Booklet

Guardianship of Property of Minor Children Information Brochure - prepared by Office of the Children's Lawyer

Guardianship Plan

Management Plan

Excluded Beneficiaries - Disinheriting Spouse & Double Dipping

The Beneficiary v. The Lawyer - Hall v. Bennett Estate

Wills: Knowledge and Approval of Content

The Right To Choose

When do Will provisions contravene Public Policy?

Are Halachic Powers of Attorney for Personal Care Binding in Ontario? - This paper will address whether a hospital is bound by a written power of attorney for personal care which requires that the Substitute Decision Maker (“SDM”) consult with a rabbi and be bound by the rabbi’s decision concerning end of life issues.

Halacha and Your Will - Estate Planning can comply both with Provincial Law and Halacha.

Leave Intermarried Children in the Will - As a general rule, Ontario Courts respect a person's desire to dispose of their assets as they see fit. However, with the Family Law Act, and the Succession Law Reform Act , the Legislature has intervened to protect the interests of spouses and dependants. The Courts have also voided certain bequests because they offend Public Policy.

Religious marriages status in Ontario law
Does only a religious marriage ceremony give Esther any rights to Harry's estate?

The Passing of Legislation Allowing for Trial of Those Accused of War Crimes and Crimes Against Humanity
Those who may have perpetrated war crimes, particularly in World War II, are not being adequately pursuded in Canda. Extradition is not an adequate means of dealing with those accused of war crimes.

訴前保全措施 "瑪瑞瓦禁令（Mareva Injunction）減少勝訴不能執行的風險

安省訴訟費擔保制度 減少勝方追討訴訟費之煩惱