BY PAUL B. ADAM, ASSOCIATE LAWYER Last week, we brought you news about an urgent Court session that would be taking place in Ontario to address the question of whether a Last Will signed using Zoom (or a similar service)- with the testator and the witnesses in different locations, was
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Wise Law Blog: Is the "Zoom Last Will" Coming to Ontario?
BY PAUL B. ADAM, ASSOCIATE LAWYER The Superior Court in Ontario has agreed to hear an urgent case that addresses what has become a critical issue during the Covid-19 pandemic: can a Last Will be validly witnessed online, via Zoom, or a similar a video conference platform. Our office has
Continue readingWise Law Blog: What Happens When an Estate Doesn’t Provide Adequate Support for a Dependant?
BY PAUL ADAM, ASSOCIATE LAWYER Many people are familiar with the obligations to provide support for a spouse and for children that can arise when two people separate. There is a fairly equal, but perhaps less well known, obligation for the Estate of a deceased person to provide financial support for
Continue readingWise Law Blog: Paul Adam and Wise Law Office Featured on Lawyer’s Daily
BY PAUL B. ADAM Last week, an interesting Ontario Court of Appeal case that I recently argued, Floward Enterprises v Winberg Estate 2017 ONCA 448, was featured on Lawyer’s Daily. The full article is available here. In most Court cases, there are two parties and both get the opportunity to
Continue readingWise Law Blog: Damages Claims for Assault by Parents and Caregivers Upon Children
BY PAUL ADAM, ASSOCIATE LAWYER A recent parliamentary bill in Ontario, the “Sexual Violence and Harassment Action Plan Act” brought changes to Ontario’s Limitations Act, and removed virtually all time limits on bringing court claims arising from sexual assault, or other related offences. But the law will also have a major
Continue readingWise Law Blog: Damages Claims for Assault by Parents and Caregivers Upon Children
BY PAUL ADAM, ASSOCIATE LAWYER A recent parliamentary bill in Ontario, the “Sexual Violence and Harassment Action Plan Act” brought changes to Ontario’s Limitations Act, and removed virtually all time limits on bringing court claims arising from sexual assault, or other related offences. But the law will also have a major
Continue readingWise Law Blog: Using Estimated Values of Estate Assets to Begin Estate Administration
BY PAUL B. ADAM, ASSOCIATE LAWYERA common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is to file an application for a certificate of appointment with best estimate values of certain
Continue readingWise Law Blog: The Executor’s Roadmap – Part 1: Death and the Funeral
BY PAUL B. ADAM, ASSOCIATE LAWYER This series of articles will cover the many stages that an executor (now also known as an “Estate Trustee”) must pass through in managing the affairs of a deceased- from the immediate aftermath of death, to the final distribution of the Estate. Even if
Continue readingWise Law Blog: 20 Years of Canada’s Child Support Guidelines: Some Key Stats
BY PAUL B. ADAM, ASSOCIATE LAWYER Canada’s Child Support Guidelines are 20 years young this year. The guidelines were enacted in 1997 and created a single, comprehensive guideline for how child support payments are calculated. The Child Support Guideline tables can be looked up and used online by anyone a web
Continue readingWise Law Blog: Trustee Compensation: Small Numbers That Add Up
BY PAUL ADAM, ASSOCIATE LAWYER Some might feel that being an Estate Trustee is an utterly thankless job. I’m here today to tell you thatisn’t totally accurate. Trustees are entitled to a small ‘thank you’ in the form of a tariff on the work they do. Unfortunately, calculating the size
Continue readingWise Law Blog: Can Your Last Will and Testament Prevent Your Ex From Getting Child Custody After Your Death?
BY PAUL ADAM, ASSOCIATE LAWYER After a marital separation, some parents will, for better or worse, go to unimaginable lengths to prevent their ex-partners from havingcustody or access to the children of the marriage. Can this fight continue after death? Can a separated parent use a last will to prevent
Continue readingWise Law Blog: Life Insurance: Your Money’s Life After Debt
BY PAUL B. ADAM, ASSOCIATE LAWYER In a post last week, I made reference to the argument that estate assets should be taxed after death, forjust the CRA, though! Many people, sadly, depart owing substantial sums to creditors, on mortgages, banks debts, credit cards, and other unfortunate contingencies of life.the betterment
Continue readingWise Law Blog: The (Dreaded) Ontario Estate Information Return
“What my thankless job managing an estate needs is more expense and paperwork,” said no Executor ever. Nonetheless, the Ontario Estate Information Return has arrived and is here to stay. Effective January 1, 2015, every Executor or Estate Trustee who obtains a grant of probate (also known in Ontario as
Continue readingWise Law Blog: Powers of Attorney for Personal Care: Great Power with Great Responsibility
BY PAUL B. ADAM A Power of Attorney for Personal Care is a document that sometimes gets referred to, or thought of, as a “living will” or “advanced care directive”. Those names have been introduced into our everyday terminology by way of television and the internet, but neither capture exactly
Continue readingWise Law Blog: Last Wills that Offend Public Decency
BY GARRY J. WISE AND PAUL B. ADAMCompeting February 2016 rulings by Ontario courts have left us with real questions as to when a discriminatory Last Will and Testament will be upheld in this province.BackgroundThese cases are the latest in a very interesting history of court cases dealing with Last Wills
Continue readingWise Law Blog: Recognizing Foreign Divorces in Canada
BY PAUL B. ADAM, ASSOCIATE LAWYERIf you were divorced in a foreign country, and now plan to marry in Canada, beware.Not all divorces are created equal.For a foreign divorce to be validated in Canada, it needs to have been granted according to the law of that country, by a court
Continue readingWise Law Blog: Getting It Right: Formal Requirements for Your Last Will and Testament
BY PAUL B. ADAM, ASSOCIATE LAWYER Remember the old expression, “close enough” only works with horseshoes and hand grenades?Keep this in mind when drafting your Last Will and Testament. The law is very clear about the formal requirements that must be met for a Will to be validated. So, along
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