Estate Litigation Blog

No Two-Year Limitation Period for Passing of Accounts

by Mitchell Rattner, Published: December 10, 2018

Tags: armitage v. the salvation army,  estate litigation,  fiduciary,  passing of accounts,  power of attorney,  trustee,  wall v. shaw,  wills and estates

The Ontario Court of Appeal has confirmed that there is no two-year limitation period to commence an application to pass accounts or to file a notice of objection to accounts.

Buzz Aldrin Guardianship Dispute & the Importance of Planning for Incapacity

by Mitchell Rattner, Published: June 26, 2018

Tags: estate litigation,  estate planning,  guardianship,  incapable,  incapacity,  power of attorney,  wills and estates

Apollo 11 astronaut Buzz Aldrin is suing his two children for improperly taking control of his finances. His children had previously brought a Court Application to have him declared incapable, and to have them appointed as his guardians for property.

As this litigation is unfolding, it is a good time to consider the importance of planning for future incapacity, and some benefits - and risks - of making Continuing Powers of Attorney for Property.

Powers of Attorney - Common Myths

by Mitchell Rattner, Published: March 16, 2018

Tags: estate litigation,  estate planning,  power of attorney,  wills and estates

Last November was the Ontario Bar Association's "Make a Will Month", and I spoke at Barbara Frum Library about the benefits of having a will. While a will is an important and effective tool for directing how your property is to be distributed following your death, powers of attorney enable you to authorize someone else to act on your behalf with respect to managing your property and/or making decisions concerning your health and personal care.

I recently read an article that contained inaccurate information about powers of attorney, and decided to clarify a few common myths.

Estate Planning - Digital Assets

by Mitchell Rattner, Published: September 02, 2016

Tags: digital assets,  estate litigation,  estate planning,  trusts,  wills,  wills and estates

This article looks at "digital assets" and how they may be factored into estate planning.