Blog

A “Gift” May Really Not be a Gift at all!

Time and time again I am involved in cases that involve disputes where one family member claims ownership over an asset or item of property left by a deceased parent and the remainder of the family members argue that the asset or property belongs to the estate and was never meant to be a gift [..]

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Paul’s Recent Speaking Engagements

New York State Trial Lawyers Association Estate Planning Council of Kingston Columbia Law School Alternative Dispute Resolution Program Queen’s University Faculty of Law Scotia Private Client Group Elder Abuse Ontario

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The Mental Capacity Required to Make a Valid Will

I am regularly asked by family members if a parent has the mental capacity to make a new Will.  So here is my answer in a nutshell. Mental capacity is both time and task-specific. The level of capacity required when it comes to the requisite capacity to provide instructions for and to execute a valid [..]

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Five Mistakes to Avoid When Writing Your Will

Hot off the press is this handy little article from Clare O’Hara As boomers prepare to transfer billions of dollars into the hands of younger generations, estate planning is becoming more important than ever – yet industry experts continue to see a number of common oversights from clients when preparing to pass along their assets. [..]

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Incentive Trusts: Controlling Your Money from the Grave

A New York Post article discusses incentive trusts in the estate of the late Maurice Laboz of Manhattan, who left $20 million to his two daughters, Marlena and Victoria, 21 and 17 respectively, to inherit when they turn 35. However, Mr. Laboz has also provided a number of ways in which the girls can gain [..]

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Preparing for a Decline in your Financial Cognitive Ability

I recently came across an article from the Wall Street Journal entitled Five Steps to Prepare for a Decline in Your Financial Cognitive Ability. The article points out that, although we easily consult health-care providers with respect to our physical health, we may have more difficulty recognizing our limitations and changes in our financial health. [..]

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Small Estates Simplified Procedure

After considerable research and public consultation, The Law Commission of Ontario (“LCO”) released its final report for the Simplified Procedures for Small Estates Project on November 19, 2015. The LCO’s mandate for this project was to recommend law reform measures to enhance and improve the estate administration procedure such that its current benefits would be [..]

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