Applications to pass accounts and be compensated for acting as power of attorney can win the court’s approval — and even its praise — if everything is done properly, says Toronto wills and estates lawyer Elinor Shinehoft. As an example, Shinehoft, principal of Shinehoft Law, points to a recent Ontario Superior Court of Justice decision…
The more detail a testator can put into a will, the better, says Toronto wills and estates lawyer Elinor Shinehoft. Shinehoft, principal of Shinehoft Law, says a recent decision by Alberta’s Court of Appeal perfectly illustrates the problems that can occur when too little description in a testamentary document opens up the possibility of litigation between beneficiaries. Read…
The sooner the executor of an estate realizes that they don’t want to fill the role, the better, Toronto wills and estates lawyer Elinor Shinehoft tells AdvocateDaily.com. Shinehoft, principal of Shinehoft Law, says there are all kinds of reasons why a trustee might want to renounce their role. Read More
Failure to disclose assets in a family matter does not always lead to a separation agreement being set aside, Toronto family lawyer Elinor Shinehoft tells AdvocateDaily.com. Shinehoft, principal of Shinehoft Law, points to a recent Ontario Court of Appeal (OCA) case in which the husband failed to disclose assets. The OCA refused to set aside the Superior Court’s decision in the…
A recent Supreme Court of Canada (SCC) case shows the importance of an irrevocable beneficiary designation for spouses hoping to secure support payments using life insurance, Toronto wills and estates lawyer Elinor Shinehoft tells AdvocateDaily.com. A 7-2 majority of the nation’s top court ruled that the common-law partner of a deceased insurance policyholder was unjustly enriched when she was…
Whether they’re acting under a power of attorney or granting one, laypeople tend to have a poor grasp of what the job entails, Toronto wills and estates lawyer Elinor Shinehoft tells AdvocateDaily.com. “There are a significant number of responsibilities and duties attached, and people just don’t realize it,” says Shinehoft, principal of Shinehoft Law. “Even if they do… Read More
It’s only a matter of time before society’s popular opinion changes the law that relegates pets as property, predicts Toronto lawyer Elinor Shinehoft. “Animals are currently considered personal property — it’s never been changed,” says Shinehoft, who focuses on family law and estate planning at Shinehoft Law. Under the law… Read More
People should update their wills and powers of attorney if they move to another province or country, says Toronto wills and estates lawyer Elinor Shinehoft. The provinces govern estate documents and each jurisdiction is different in terms of probate rules and taxes, she tells AdvocateDaily.com. Also, powers of attorney could pose potential… Read More
Married couples and those in common-law relationships are generally treated the same in estates matters, but there are a couple of key differences that can have a financial impact on a surviving spouse, says Toronto wills and estates lawyer Elinor Shinehoft. “Many people don’t realize that there are differences between common-law and married couples when…
Communicating one’s wishes for end-of-life care is essential to ensure they’re honoured, but there’s still no guarantee that family members and doctors will be aware of a patient’s request, Toronto wills and estates lawyer Elinor Shinehoft tells AdvocateDaily.com. “I think it’s a matter of stating your wishes in as many ways as possible, but unfortunately…