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…
Grandparents who receive access to their grandchildren through the courts, thanks to changes in legislation, could be at risk of one day having to make a financial commitment as well, says Toronto family lawyer Elinor Shinehoft. “Grandparents have to realize that, while they may be getting extra rights, it’s a double-edged sword. They may end…
It can be one of the toughest subjects to talk about, but discussing estate planning is important for families to ensure final wishes are honoured, says Toronto wills and estates lawyer Elinor Shinehoft. “Usually when we talk about planning, we’re discussing the preparation of a will and powers of attorney,” Shinehoft, the principal of Shinehoft Law, tells AdvocateDaily.com. Talking…
Separating couples are better off negotiating an agreement to deal with childcare expenses rather than relying on a court, Toronto family lawyer Elinor Shinehoft tells AdvocateDaily.com. Shinehoft, principal of Toronto family and personal injury firm, Shinehoft Law, says using mediation or collaborative law allows the parties to work out a pact to meet the financial…