Will Drafting Errors & Rectification

How do the Courts handle drafting errors in wills? While the general rules is that an individual’s last will and testament may not be overwritten or altered so as to distribute their estate in any manner other than as the testator described in their will, the equitable power of rectification may be employed by a … Continued

Read More

Changes to ODSP: Why both Litigators and Solicitors should be aware of the new Rules

Effective September 1, 2017, Ontario has relaxed some of the asset limits and other rules required for individuals to be eligible for benefits under the Ontario Disability Support Program (“ODSP”).  The changes are generally seen as long overdue, given the ever-rising cost of living and difficult in finding affordable housing (in the GTA especially). The … Continued

Read More

Ontario Court Provides Guidance on Documentary Disclosure

In a recent decision, the Honourable Justice Myers held that the typical Orders Giving Directions that estate litigation lawyers seek to allow the parties to produce documents are ”lengthy, intrusive, expensive documentary collection and investigation proceedings that can last for the better part of a year or more.” What Happened? The background facts in the … Continued

Read More

Excellence in Trusts and Estates Law: Otis v. Otis

In May of this year, several members of our firm had the pleasure of attending the Ontario Bar Association Trusts and Estates Law Section’s year-end dinner, at which the Award of Excellence in Trusts and Estates Law was presented to the Honourable Maurice Cullity, Q.C.  I can think of no more worthy candidate for the … Continued

Read More

Joint? Or Joint and Several?: Important Considerations when Appointing Multiple Attorneys under a Power of Attorney

When deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney(s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if … Continued

Read More

Taxing Tax Issues for the Sole and Small Firm Lawyer

There are various Tax minefields that I continuously come across in the course of my practice as an Estate Litigation Lawyer, a lawyer who sues other lawyers for tax errors that cause losses and as an Estate Trustee/Guardian/ Attorney for Property. I am far from being a Tax expert and specifically advise my clients that … Continued

Read More

Turning off the Tap: When should an incapable person bear the costs of contested litigation over his or her care?

Historically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued

Read More

Ironclad Incapacity Planning

Tony Stark, the billionaire genius playboy philanthropist better known to the world as the Marvel Comics superhero, Iron Man, has been severely injured and is now in a coma.  This has unfortunately rendered him unable to manage his business empire, known as Stark Industries. Fortunately, Stark had a plan in place to ensure that everything … Continued

Read More

Inquiries

Questions? Send us an email

Fields marked with an * are required
2016 Eisen Law, All rights reserved. Privacy Policy, Disclaimer Website designed and managed by Umbrella Legal Marketing