Articles & Presentations

Family Law Act Elections – The Importance of Punctuality and Proper Form

Posted on February 21, 2012 by Amy Cull

One of the ways in which a surviving spouse can ensure that they are adequately financially protected after the demise of their spouse is by making a ‘Family Law Act Election,’ pursuant to subsection 5(2) of the Family Law Act1 (the “FLA”). Essentially, a FLA Election provides a surviving spouse with the right to file an election and bring an application against the estate of their deceased spouse so as to elect in favour of equalization of the couples’ net family property (“NFP”) and forego their entitlement, if any, under the deceased’s will and/or on an intestacy, if there is no will.2

Although making an election is an important decision that should be the product of extensive legal advice and careful consideration on the part of the surviving spouse, counsel and client alike must also be mindful of the deadlines to make such an election, and the procedure involved. Failing to meet the requirements of time and form, can otherwise have harsh results and substantially reduce or, in some cases, completely diminish any entitlement a surviving spouse would otherwise have by way of election.

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Paper: Consent and Capacity Issues in Estate Planning and Litigation, OBA Institue 2012

Posted on February 21, 2012 by Ameena Sultan

Ameena Sultan and Lonny Rosen of Rosen Sunshine LLP presented a paper “Consent and Capacity Issues in Estate Planning and Litigation” at the Ontario Bar Association INSTITUTE 2012 TRUSTS AND ESTATES LAW, on February 9, 2012, at the Westin Harbour Castle Conference Center in Toronto

Click to download Ameena and Lonny’s paper “Consent and Capacity Issues in Estate Planning and Litigation” (PDF, 35 pages)

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

Posted on February 21, 2012 by Kimberly A. Whaley

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)

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Revised Paper: “Fiduciary Accounts and Court Passings”

Posted on February 9, 2012 by Kimberly A. Whaley

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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Unique Role of Counsel Appointed Under Section 3 of the SDA

Posted on February 9, 2012 by Ameena Sultan

Ameena Sultan has an article published in the OBA Sole, Small Firm and General Practice Newsletter
Volume 8, No. 2 – February 2012.

Click here to read her article: Capacity and Representation: The Unique Role of Counsel appointed under Section 3 of the Substitute Decisions Act.

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LSUC Presentation: Protecting Your Account

Posted on November 21, 2011 by Kimberly A. Whaley

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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