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February 2015 Archives

Ontario man's will overturned on grounds that it was racist

The recent nullification of an Ontario man's will could have wide-ranging implications in estate litigation in the province. A judge rejected the man's will on the grounds that it is racist and "offends not only human sensibilities but also public policy."

Post-divorce estate planning considerations for baby boomers

Studies and census data have shown that the divorce rate among baby boomers has risen significantly over the last couple of decades. Commonly called "grey divorce," the end of a marriage for baby boomers can lead to complications in terms of estate planning.

Estate planning to accommodate aging parents

In one of our recent posts, we discussed the matter of updating one's estate plan whenever a major life event happens. Such an event might be a divorce, the marriage of a child, a birth, a death or anything that, if not addressed in the estate plan, could lead to confusion, disappointment or loss of assets.

How are substitute decision-makers appointed in Ontario?

Ontario's Substitute Decisions Act , 1992 (SDA) is the statute that governs the matters of guardianship and capacity. It provides how mental incapacity in adults is to be dealth with from the perspective of decision-making about property and personal care. The statute was designed specifically to give individuals more control over their lives in the event of incapacity.