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Holly Cunliffe, a partner in the firm’s Estates & Trusts Group and a leading advisor in elder law, was recently featured in The Canadian Press discussing the increasing prevalence of financial abuse affecting older Canadians. In the article, Holly describes this form of exploitation, often involving trusted individuals misusing powers of attorney, as “an underlying epidemic” that frequently goes undetected.
Concerns over capacity, financial abuse and legal deadlines reshaping estate planning and litigation Ontario’s estates and trusts landscape is evolving, with growing concerns around mental capacity, financial abuse and dependant relief claims. Legislative changes, including amendments to the Succession Law Reform Act, and recent case law developments are shaping how wills, estate disputes and limitation periods are interpreted.
If a claimant has threatened or demanded payment by an estate without initiating any court proceedings, the estate trustee may feel like they are stuck in limbo, not wanting to make any distributions while there is a potential claim for money outstanding. If the trustee chooses to make a distribution in the face of a potential claim, the trustee could be held personally liable for any shortfall to the creditors of the estate.
If a claimant has threatened or demanded payment by an estate without initiating any court proceedings, the estate trustee may feel like they are stuck in limbo, not wanting to make any distributions while there is a potential claim for money outstanding. If the trustee chooses to make a distribution in the face of a potential claim, the trustee could be held personally liable for any shortfall to the creditors of the estate.
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