Kimberly A. Whaley

Paper: Disputes Over What Remains – Bodies, Burial, Ashes and New Developments

Kimberly A. Whaley presented her paper “DISPUTES OVER WHAT REMAINS: Bodies, Burial, Ashes, and New Developments” at The Law Society of Upper Canada, Six Minute Estates Lawyer on April 24, 2012.

Click here to read Kim’s paper (PDF, 39 pages)

Posted in Articles & Presentations

Book Review: ‘The Living End, A Memoir of Forgetting and Forgiving’, Robert Leleux

“The Living End, A memoir of Forgetting and Forgiving” by Robert Leleux is published by St. Martin’s Press In New York.

Robert Leleux relates what is lost and found in his grandmother’s life with Alzheimer’s. For families who are living with the suffering of Alzheimer’s, this lovely human story will share both understanding and inspiration.

Sharing from the beach in the Caribbean, I found this book so enjoyable and insightful in relating to the many situations I find my clients enduring with their loved one’s.

Leleux writes of his experience with JoAnn his gran and ” going along” with the evolving reality of a person with Alzheimer’s- a form of behavioural therapy called ” habilitation.” JoAnn’s husband calling it ” painting the roses read.” Habilitation as distinguished against “reality orientation” where it was once thought that you should correct the thinking of the person and re-orient with reality.

Leleux writes of his struggles to make peace with the way society treats the elderly…..the disregard, disrespect, patronising, condescending ways of robbing a person of humanity.

Leleux: ” I’ve always been a person to whom “forgive and forget” has seemed absurdly unworkable. Though I’m not so arrogant as to presume to edit scripture, since witnessing my grandmother’s alzheimer’s, I’ve begun to wonder whether a small reversal wouldn’t better suit humanity. Maybe it would be more practical if forgetting preceded forgiving. Maybe happiness would be more easily achieved if we all made a practice of forgetting. ”

Click here to find out more or buy the book on Amazon

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Paper: Remarriages and Common Law Arrangements: Estate Claims by ‘Spouses’

Kimberly A. Whaley presented her paper, co-written with Amy Cull, “Remarriages and Common Law Arrangements: Estate Claims by ‘Spouses’” at the Osgoode Professional Development: Advising the Elderly Client session on February 16, 2012.

Click here to download the paper (PDF, 42 pages)

Posted in Articles & Presentations

Paper: The Capacity to Marry and Divorce, OBA Institute 2012

Kimberly A. Whaley presented her paper “THE CAPACITY TO MARRY AND DIVORCE” at the Ontario Bar Association INSTITUTE 2012 TRUSTS AND ESTATES LAW, on February 9, 2012, at the Westin Harbour Castle Conference Center in Toronto in a Continuing Professional Development Program: “The Challenges Posed by the Issue of Capacity: The Impact Upon Estate Planning, Estate Administration and Estate Litigation”. This program was chaired by Edwin Upenieks and Melanie Yach.

Click to download Kimberly’s paper “The Capacity to Marry and Divorce” (PDF, 31 pages)

Posted in Articles & Presentations

Revised Paper: “Fiduciary Accounts and Court Passings”

Kimberly Whaley updates her January 2008 paper entitled “The Passing of Fiduciary Accounts”. The updated paper as of January 2012 is renamed “Fiduciary Accounts and Court Passings”.

Click here to download the updated paper in PDF format (98 pages)

The preparation of fiduciary accounts requires particular expertise. It is important that qualified professionals prepare accounts in proper Court Passing Format and file in accordance with the Rules of Civil Procedure. In this regard, Whaley Estate Litigation has often used the services of Avi Dahary of AccountTrust.

Click to view Avi Dahary Profile
Click to visit accountrust.ca

We have also recently used the services of Carla Preece whose experience is in financial and investment matters. Carla Preece is available to prepare Estate accounts in the format required by the Courts for the formal passing of accounts. She has been retained in this capacity by banks, by lawyers on behalf of their clients and by clients themselves. Carla can be reached by email at: cmpreece@sympatico.ca or by phone at: 905-727-6861.

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LSUC Presentation: Protecting Your Account

On November 9, Kimberly A. Whaley presented a paper at the Law Society of Upper Canada 14th Annual Estates and Trusts Summit entitled: PROTECTING YOUR ACCOUNT: ASSESSING SOLICITORS’ ACCOUNTS IN ESTATE AND RELATED PROCEEDINGS.

Click here to download the paper in PDF format (33 pages)

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