Blog

Keeping the Heirloom Cottage

Jeremy Wolff, a photographer based in upstate New York, is part owner of a six-bedroom beach house near Hyannis on Cape Cod in Massachusetts that has been in his family since the 1940s. His co-owners? Nearly 30 relatives, including eight cousins and their families, who book their visits on a family website.  “There’s sometimes some [..]

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Outreach to the Public: Make a Will Month

Outreach to the Public: Make a Will Month Make a Will Month is an annual program put on by the Ontario Bar Association that helps inform the public about the importance of making a properly drafted will, as well as powers of attorney. This past November, about 50 lawyers from our estates and trusts section [..]

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Elder Abuse Lands Ontario Man in Jail

A perpetrator of elder abuse has recently been sentenced to three years in prison by an Ontario Court. The man from Markham, Ontario had obtained assistance from a friend, an employee of a major national bank, in creating a power of attorney, which he put forward as a document prepared for and executed by his [..]

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Serving Legal Documents in the Age of Social Media

A Ontario court has taken constructive notice and service of legal documents into the age of digital social media. Hashtag #Served According to Canadian Lawyer magazine, Ontario lawyer, Tara Vasdani, recently convinced the court to allow for service of legal documents over Instagram and LinkedIn. Vasdani first attempted to serve the defendant on Sept. 1, [..]

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Lawyers Face Challenges Interpreting Emojis

Chipmunks, kissy lips and champagne bottles are becoming bones of contention in legal disputes; a court considers the ‘:P’. Lawyers face challenges interpreting emojis Lawyers gathered at the Atlanta office of a big law firm were debating a head-scratching legal question. What does the emoji known as the “unamused face” actually mean? They couldn’t even [..]

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Powers of Attorney as Seat Belts

At Fleming Estate Law we see no end of problems resulting from the incapacity of a loved one who had not taken the time to make a power of attorney for property and/or personal care.  Not having properly executed powers of attorney can mean a one way ticket to a family dispute over the guardianship [..]

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Financial Abuse of Seniors – A Helpful Website – NICE

Check out the website of the National Initiative for the Care of the Elderly… or NICE… for short….a great website for seniors and their adult children.  A good discussion about financial abuse of the elderly. What is Financial Abuse? Financial abuse is the most common form of elder abuse in Canada. Financial abuse refers to theft [..]

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Effecting an Insurance Designation by Declaration

What language will be sufficient to effect a beneficiary designation by codicil? The decision in The Bank of Nova Scotia Trust Company v Ait-Said, 2016 ONSC 4051 (Canlii) provides some guidance on this issue. An Amendment to the Will – the Codicil The Testator, Mr. Briggs, made a number of amendments to his will. In particular, he had [..]

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Haven’t Updated Your Estate Plan in a While? It’s time

From the Wall Street Journal – Many people wait until it’s too late, and leave a mess to their heirs. WALL STREET JOURNAL July 26, 2017    Financial adviser Bijan Golkar begged his father to update his estate plan after his father divorced and purchased significant business and real-estate holdings. But despite his cajoling, his [..]

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