Can children be conceived by a person even after he or she has passed away? The answer is: yes. As the Ontario legislature has aptly recognized, many individuals are freezing their reproductive material, which may be used to conceive children after a person’s death. The newly introduced Bill 28: All Families Are Equal Act… Read more »
Nelligan O’Brien Payne gratefully acknowledges the contribution of Natasha Chettiar, Student-at-Law in writing this blog post. No province in Canada uses a presumed consent system for organ donation. Instead, the provinces have chosen the “opt-in” system, leaving it up to individuals to make the choice to donate. However, on Tuesday November 29, 2016, Saskatchewan… Read more »
Wills and Estates lawyer John Peart covers some commonly asked questions about the importance of making a Will, beneficiaries, inheritances, lawyer fees, and how Nelligan O’Brien Payne LLP can help with your estate planning. John appeared as a guest speaker on CTVMorning Live Ottawa on February 22nd, 2012. For more information about John Peart, please… Read more »
In this two-part series, a former lawyer in the Wills and Estates Group at Nelligan O’Brien Payne LLP discusses the top ten reasons why you need a will. To view part two of this video, please click here. For more information about our Wills and Estates Group, please click here
In this two-part series, a former lawyer in the Wills and Estates Group at Nelligan O’Brien Payne LLP discusses the top ten reasons why you need a will. To view part one of this video, please click here. For more information about our Wills and Estates Group, please click here
Any time that a person is handling or dealing with the assets of another person, that second person is a ‘beneficiary’. Therefore, the person handling or dealing with those assets has a fiduciary duty to act honestly and in good faith towards the beneficiary, and to account to that beneficiary with what has been done with those assets.
Our very own Carol Craig will be featured as a guest on the Rogers TV series ‘Impacts of the Aging Brain’! The series covers a range of topics related to aging and the brain, including Stroke and the Brain, Assessment & Driving, Transforming Treatment, Care & Housing Options and Care-partnering.
It has long been established in Canadian law that executors and trustees must exercise a high standard of care when administering an estate. A recent Ontario Superior Court decision, Cahill v Cahill, demonstrates what can happen when a trustee is not conscientious in looking after an estate.
The distribution of an estate can be a divisive issue for families. This is particularly the case where a large amount of wealth is involved. A recent decision by the Ontario Court of Appeal, Neuberger v. York is a useful illustration of this.
Care should always be taken in making bequests in your Will to a child. In Ontario, a child is a person who is under the age of eighteen years. If a Will states that a child will receive a cash bequest on the death of a testator, the Children’s Law Reform Act of Ontario provides that if the bequest is $10,000 or less, the estate trustees may pay the bequest to the parent or guardian of the child.