Organ and Tissue Donation: Opt-in or Opt-Out?

December 13, 2016
Blog Post

  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 »

Making a Will

December 9, 2016
Video Post
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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 »

Top Ten Reasons Why You Need a Will – Part 1

December 9, 2016
Video Post

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

Top Ten Reasons Why You Need a Will – Part 2

December 9, 2016
Video Post

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

What Does The Duty to Account Entail?

November 9, 2016
Blog Post
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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.

Impacts of the Aging Brain – TV Series

October 14, 2016
Blog Post

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.

Is It Okay To Be A Passive Estate Trustee?

October 6, 2016
Blog Post

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.

Bequests To Children – Why Should You Be Careful?

August 23, 2016
Blog Post
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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.