Detailed will can reduce disputes between heirs

Detailed Will Can Reduce Disputes Between Heirs

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…

Non-disclosure case sends mixed messages

Non-disclosure case sends mixed messages

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…

SCC rules on irrevocable beneficiary

SCC Rules On Importance Of Irrevocable Beneficiary Designation

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…

Powers of Attorney for Property

What You Should Know About Powers of Attorney for Property

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

Tips for estate planning across borders 1

Tips For Estate Planning Across Borders

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 vs. common-law rights in estate matters

Married vs. Common-law Rights in Estate Matters

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…

POA beats DNR tattoo across chest

POA Beats DNR Tattoo Across Chest

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…