This blog post is about insolvent estates. An estate is insolvent when now, and for the foreseeable future, its liabilities exceed its assets and thus has insufficient assets to cover all its [...]
Effective October 15, 2020, Allen & Allen has become Allen & Malek LLP, a limited liability partnership, as permitted by the Partnerships Act and the Law Society Act. As the name [...]
I am pleased to welcome Adam Malek as my law partner as we transition from Allen & Allen to Allen & Malek LLP. I started my law practice with my father Bill Allen in 1992 and I will [...]
The following are excerpts (the table of contents, introduction, and chapter one) from How to Administer an Estate in Ontario: Plain Language Handbook, a newly released book available on [...]
The COVID-19 emergency requires us to maintain social distancing, but this has made it difficult to execute wills or power of attorney documents. Normally, you must sign these respective [...]
The doctrine of undue influence is used to set aside testamentary documents and inter vivos gifts or transfers (gifts or transfers made during one’s lifetime). A person is the victim of [...]
Organizations governed by the Personal Information Protection and Electronic Documents Act (“PIPEDA”)[i] should monitor the Privacy Commissioner of Canada (the “OPC”)’s application filed recently [...]
Note: Many of the comments below about guardians of the person also apply to attorneys under a power of attorney for care. In Ontario, substitute-decision making is governed by the Substitute [...]
If you want to execute a power of attorney (known as a POA) for property document but are unsure what powers and duties the person named as your attorney will have once the document takes effect, [...]
Note: Most of the comments below about guardians of property are equally applicable to attorneys under a power of attorney for property. In Ontario, substitute-decision making is governed by the [...]