Whaley Estate Litigation
publications
 

CHECKLISTS FOR ATTORNEYS AND GUARDIANS

 

WEL FIRM RETAINERS

 

Estates and Trusts Publications

Estates and Trusts Papers


2010

THE 'PREDATORY MARRIAGE', ITS CONSEQUENCES AND COSTS IN CAPACITY PROCEEDINGS
CBA Canadian Legal Conference and Expo: Far-Flung Families - Niagara, August 2010
HOW PREDATORY MARRIAGES AFFECT PROPERTY AND ESTATES
Lawyers Weekly, August 13, 2010
ELDER LAW PRACTITIONERS GEARING UP FOR BOOM -- FROM ESTATE PLANNING TO RETIREMENT BENEFITS, LAWYERS IN DEMAND FOR A VARIETY OF MATTERS
Law Times, Vol. 21, No. 23 - July 12, 2010
POWERS OF ATTORNEY AND SUBSTITUTE DECISION MAKING: FRIENDS OR FOES FOR PREVENTING ELDER ABUSE
2010 World Elder Abuse Awareness Day, June 15, 2010
Vokes Estate v. Palmer 2009 CanLII 70132 (ON S.C)
Deadbeat - OBA, Volume 28, No. 3 - March/Mars 2010, Trusts and Estates Section

Schwark Estate v. Cutting, Ontario Court of Appeal, Dockect: CA C49746, Judgement: January 27, 2010, E.E. Gillese J.A., J. MacFarland J.A., and R.A. Blair J.A.
Deadbeat - OBA, Volume 28, No. 3 - March/Mars 2010, Trusts and Estates Section
Capacity to Marry and the Estate Plan
Kimberly Whaley, Dr. Michel Silberfeld, The Honourable Justice Heather McGee and Helena Likwornik -- Canada Law Book, February 2010

Capacity to Marry (Brochure)

2009

COSTS: WHO PAYS THE COSTS IN ESTATES LITIGATION? UPDATE ON COSTS
Ontario Bar Association, Joint Trust and Estate and Young Lawyers Division Primer on Estate Litigation, December 9, 2009
IGNAGNI ESTATE, 2009 CanLII 54768 (ON. S.C.)
Deadbeat, Trusts and Estates Section, OBA, Volume 28, No. 2, December/Decembre 2009
MEDIATION--THE BETTER WAY IN ESTATE DISPUTES
Brian Wilson and Kimberly Whaley, November 2009
REMEDIES FOR NON-COMPLIANCE WITH COURT ORDERS
LSUC 12th Annual Estates and Trusts Summit, November 13, 2009
SPOTLIGHT ON SECTIONS: TRUSTS AND ESTATES LAW
(ONTARIO BAR ASSOCIATION - Briefly Speaking, June 2009) Kimberly Whaley, Section Chair
Re Drago Barbulov v. Dr. R. Cirone
Kimberly Whaley, Deadbeat, Trusts and Estates Section, OBA, Volume 27, No. 4, May/Mai 2009
PREDATORY MARRIAGE
Kimberly Whaley, CARP Article, May 2009.
Key Developments in Estates and Trusts Law in Ontario (Canada Law Book, 2009 edition)
Kimberly Whaley, Contributing Author
THE BODY, ASHES & EXHUMATION - WHO HAS THE LAST WORD
Kimberly Whaley, and Dina Stigas, The Six-Minute Estates Lawyer, LSUC, April 6, 2009
LIFE AFTER DEATH: MODERN GENETICS AND THE ESTATE CLAIM
Kimberly A. Whaley and Helena Likwornik, March 2009
Passing of Accounts - Care and Management Fee or Special Fee
Kimberly Whaley, February 2009

2008

Power of Attorney Pitfalls
Kimberly Whaley, November 2008
Elder Law and Abuse: The Power of Attorney: Its Misuse, Abuse and Fraud
Kimberly Whaley, Baycrest Foundation Seminar, November 26, 2008
Getting to Guardianship
Kimberly Whaley, and Helena Likwornik, The Canadian Centre for Elder Law - A Division of the British Columbia Law Institute, 4th Annual Canadian (International) Conference of Elder Law Issue, November 13th, 2008
INTESTACY: VENTURING BRAVELY INTO THE VOID
Helena Litwornik: Ontario Bar Association 2008-2009 Trustee and Estates Programs, Case of the Month - Jafari v. Attar-Jafari 2008 CanLII 37212 (ON S.C.)
APPLICATIONS FOR ADVICE AND DIRECTIONS FROM THE COURT
The Law Society of Upper Canada, Administration of Estates-Avoiding the Pitfalls, Practice Gem series, October 6, 2008. Kimberly Whaley: "Detailing with the Will that required Interpretation: Applications for advice and directions; and When will the court decline?"
Capacity to Grant or Revoke a Power of Attorney
Jan Goddard, Kimberly Whaley, and Helena Likwornik, OBA, Righting Wills IV: Essential Tips for Practitioners, May 14, 2008
De Zorzi Estate v. Read
Kimberly Whaley, Deadbeat, Trusts and Estates Section, OBA, Volume 26, No. 4, May/Mai 2008
THE POWER OF ATTORNEY: ITS MISUSE, ABUSE AND FRAUD
Kimberly Whaley, Helena Likwornik, OBA, Trusts and Estates, March 25, 2008
The Passing of Fiduciary Accounts
Kimberly A. Whaley, January 2008

2007

Genetics and the Estate Claim: Life after Death
Kimberly A Whaley, Helena Likwornik
This article has also been published on the BAR-eX web site.
Case Comment: Strickland v. Thames Valley District School Board
Helena Likwornik, Deadbeat: Trusts and Estates Section Newsletter, vol. 26, no.2, December, 2007.
The Measurement of Compensation Claims Against Trustees and Fiduciaries
Lionel Smith & Kimberly Whaley, LSUC 10th Annual Estates and Trusts Summit, November 5, 2007
Estate Litigation and Related Issues
Kimberly Whaley, Thunder Bay Law Association CLE Conference, October 19, 2007
ESTATES CASES: THE REMEDIAL CONSTRUCTIVE TRUST
Kimberly Whaley, Helena Likwornik, OBA, Constructive Trusts and Resulting Trusts 2007, October 19, 2007
Recent Issues and Court Decisions Affecting Estate Planning
Practitioners Update: STEP Canada 9th National Conference
Kimberly Whaley, June 7, 2007
Solicitor's Negligence in Will Preparation:
What the courts are saying in 2007.
The Six Minutes Estates Lawyer 2007, Kimberly Whaley, LSUC, April 2007

2006

Upsetting the Apple Cart - How Dependants and Others Can Make Claims to Upset Your Estate Plan
Kimberly Whaley, Estate Planning Council Group, Markham, November 8, 2006
Risk Management Issues: Confidentiality, Priviledge, Conflict of Interest and Retainer Letters
Kimberly Whaley, 9th Annual Estates and Trusts Summit, November 2006
Kim's Top 5 'Do's and Dont's' in Challenging Situations looked at in the Context of an Estate Administration
Death Takes a Client, Kimberly Whaley, OBA, October 2006
Desirous Dependants, The Case for Support from the Estate
Kimberly Whaley, OBA Kissing Cousins II, June 12, 2006
Memoranda of Wishes
Kimberly Whaley, LSUC, The Six Minute Estates Lawyer 2006, March 22, 2006
Estates List Update - Ontario Superior Court of Justice
Kimberly Whaley, OBA, Jan 2006

2005

Power of Attorney Disasters Avoiding Conflict and Litigation
Kimberly Whaley, paper updated, – CBA Elder Law Conference, May 13 & 14, 2005

2004

The Use of DNA in Contested Estate Matters
Kimberly Whaley, Estates Trusts and Pension Report Journal, 2004

2003

Powers of Attorney
Kimberly Whaley, 6th Annual Estates and Trusts Forum, LSUC, November, 2003
Challenges to the Validity of the Will
in Estate Litigation: Pleading, Preparing and Proving your client's case, OBA, Sept 15, 2003
RRSPs: WHAT YOU SHOULD KNOW ‚ WHAT YOU SHOULD LOOK OUT FOR!
Kimberly Whaley, CALU magazine, 2003, Vol.3, September, 2003
Litigation Issues and Update - Power of Attorney Disasters Avoiding Conflict in Litigation,
in Earth, Wind, Water and Fire: Estates, Their Creation and Administration - Present and Future, OBA.
Hall v Bennett Estate
Kimberly Whaley, Will Power Issue #102
Top 10 Litigation Issues of 2002
Kimberly Whaley, OBA, January, 2003

2002

The Use of DNA in Contested Estate Matters
Kimberly Whaley, LSUC, CLE, 5th Annual Estates and Trusts Forum, (updated November, 2003 for OBA)., November, 2002
Precatory Memorandums - Are they legally binding? Should they be disclosed? What are the courts saying?
Kimberly Whaley, – The Probater, Vol 6, No. 1, January, 2002
Precatory Memorandums - Are they legally binding? Should they be disclosed? What are the courts saying?
Kimberly Whaley, – Will Power Issue #85, January, 2002
Solicitor's Negligence in the 21st Century: A Trusts and Estates Perspective
Kimberly Whaley
The Procedural and Substantive Implications of the Current Immigration Law in Canada and its Impact on the 'Convention Refugee'.
Kimberly Whaley, Masters Thesis, University of Bristol


Selection of Reported Cases

Dinglasan v. Cabiles, 2009 CanLII 14570 (ON S.C) -- 2009-04-01     Superior Court of Justice -- Ontario

Dinglasan v. Cabiles, 2009 CanLII 28642 (ON S.C) -- 2009-06-05     Superior Court of Justice -- Ontario

Whaley v. Tandon -- Reasons -- 2009-07-17     Superior Court of Justice -- Ontario
WOOLNER v. D'ABREAU
2009 WL 327821 (Ont. S.C.J.), 2009 Carswell Ont 664
Consent and Capacity Board Decision
(2007) In the matter of the Health Care Consent Act, 1996
Bailey v. Bailey
(2007), 2007 CarswellOnt 3006, (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
D'Urzo v. D'Urzo
(2006), 2006 CarswellOnt 8684, (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
Brown Estate (Trustee of) v. Chin
(2005), 2005 CarswellOnt 1372, 15 E.T.R. (3d) 77 (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
Brown Estate (Trustee of) v. Chin (2005),
2005 CarswellOnt 972, 15 E.T.R. (3d) 69 (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
Brown Estate (Trustee of) v. Chin
(2005), 2005 CarswellOnt 62, 15 E.T.R. 3d) 67 (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
Brown Estate (Trustee of) v. Chin
(2004), 2004 CarswellOnt 6597, 15 E.T.R. (3d) 60, 2004 CarswellOnt 4547 (Ont. S.C.J.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.
Brown Estate (Trustee of) v. Chin
(2004), 2004 CarswellOnt 4547, 15 E.T.R. (3d) 60 (Ont. S.J.C.); Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.

Reported Cases Reprinted from EstatesPartner by permission of Thomson Carswell, a division of Thomson Canada Limited.

The papers and the precedents referenced in the website, are intended for the purposes of providing information only and are to be used only for the purposes of guidance. These papers and precedents are not intended to be relied upon as the giving of legal advice and do not purport to be exhaustive on their subject matter.

Kimberly A. Whaley of Whaley Estate Litigation