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Validity Of Will

Reviewing the validity of wills while a testator is still alive

The Rubner case is instructive for those dealing with elder issues, will drafting and the creation of trusts. Accordingly, we decided to write several blogs with a focus on how Justice Myers of the Ontario Superior Court of Justice dealt with these separate issues. This particular blog reviews how and why His Honour went about determining the validity of a will while the testator is still alive.
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Time Limitation

Is a Notice of Objection to Accounts subject to a limitation period?

There is a world of a difference between a fiduciary’s duty to maintain his accounts and whether a time limit exists for the beneficiary to request an accounting or to object to the accounts presented. In the context of an attorney for property’s obligation to disclose his accounts and produce his records, the regulations impose a duty on the attorney to give a copy of the accounts and records to specific people. Those regulations do not place a time limit on the people entitled to demand production.
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Definition Of Child

What is a “child”?

What is a child? In everyday life, this is an innocuous question with a simple answer – you kind of know one when you see one. Whether you’re going to the movies, dining at a buffet, or riding the subway, what most people consider to be a “child” is clear, give or take a couple of years.
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Bully Lawyer

How to deal with lawyers who are bullies

We only litigate. In our collective experience, the lawyers at our firm have witnessed a great deal of conduct by lawyers toward other lawyers that falls far short of what the Rules of Professional Conduct require. We have also witnessed individuals representing themselves who appear to feel licensed to insult and verbally abuse opposing counsel and even the court.
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Why We Created the Estates and Trusts Group at B’nai Brith

Some 17 years ago I approached Frank Dimant, the then CEO of B’nai Brith with an idea. Wouldn’t it be wonderful if we could be part of the continuing legal education process for accountants and lawyers servicing our community? At that point in time there were few programs around that brought in first-tier professionals at a kosher venue that address both issues of interest from both a Jewish and secular law prospective.
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