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Dale Streiman LawBrampton, Ontario1w ·

VALIDATING AN UNSIGNED HANDWRITTEN WILL

Almost five years ago we posted a blog article titled Substantial Compliance – Be Careful What You Wish For (insert link). It forecast that with the sweeping changes effective January 1, 2022...

Dale Streiman LawBrampton, Ontario3w ·

Justice Fred Myers

Anyone who follows our blog articles would be familiar with the name of Justice Fred Myers. We recently posted a blog article titled Captain Brave – Judge Fred Myers. Almost immediately after that...

Dale Streiman LawBrampton, Ontario3w ·

PROBATE – WHY SOMETIMES YOU WANT IT

Often our clients will ask why is it necessary that they obtain probate and incur all of the expense, headache and effort that it entails. A lot of our practice as Will and Estate Lawyers is geared...

Dale Streiman LawBrampton, Ontario4w ·

CAPTAIN BRAVE – JUDGE FRED MYERS

Normally these blogs deal with matters touching on the work of Wills and Estate Lawyers and Estate Litigation Lawyers. This blog is quite different. We have written many times about the no nonsense...

Dale Streiman LawBrampton, Ontario1mo ·

IMPORTANCE OF THE WHAT IF LAWYER

Apologies for this blog sounding like an advertisement for experienced Will and Estate Lawyers. The recent Ontario Court of Appeal decision in Haddock v. Haddock underscores the importance of the...

Dale Streiman LawBrampton, Ontario1mo ·

WHY LAWYERS LOVE IT WHEN YOU WRITE YOUR OWN WILL AKA WHEN CLAUSES CLASH aka REPUGNANT CLAUSES

Will and Estate Lawyers including myself are frequently asked by our clients – what is wrong with simply using a Will kit downloaded off of the internet? Why do I have to spend $1,000 and more on...

Dale Streiman LawBrampton, Ontario1mo ·

THE ESTATE ADMINISTRATION TAX AND THE NEED FOR AN ESTATE INFORMATION RETURN (“EIR”) aka PROBATE TAX

For a number of years, the Province of Ontario has levied a probate tax known as the estate administration tax. The first $50,000 of an estate is exempt, but beyond that a levy of 1.5% is...

Dale Streiman LawBrampton, Ontario2mo ·

JUDGES ARE HUMAN AND CAN MAKE MISTAKES

The Court of Appeals decision made in the 2026 case of Anroope et al v. Naqvi is a lesson in judicial humiliation. The Honourable Madam Justice Cory Gilmore, a highly experienced Judge who regularly...

Dale Streiman LawBrampton, Ontario2mo ·

FREEZING MY EGGS AND SPERM

More and more individuals are looking for assisted reproductive techniques. The question for Will and Estate lawyers is what advice to give and how does this impact a will. The law on this touchy...

Dale Streiman LawBrampton, Ontario7mo ·

BEFORE YOU SIGN A RELEASE AS BENEFICIARY OF AN ESTATE

It is not uncommon for an executor to ask all of the beneficiaries of an estate before receiving their inheritance, to sign a full and final release. The concept is the executor is looking for...

Dale Streiman LawBrampton, Ontario8mo ·

ATTACKING A WILL or POWERS OF ATTORNEY BASED ON SUSPICIOUS CIRCUMSTANCES. THE LEGAL TEST FOR SUSPICIOUS CIRCUMSTANCES

Traditionally, one of the standard methods of attacking a Will is claiming suspicious circumstances. This has been expanded to be a basis for attacking Powers of Attorney. Will and Estate Lawyers can...

Dale Streiman LawBrampton, Ontario8mo ·

MAY I SECRETLY RECORD TELEPHONE CONVERSATIONS AND FAMILY MEETINGS IN AN ESTATE DISPUTE

As estate litigation lawyers will know, when a family is in turmoil and they are fighting over a Will even before the willmaker has died, there may be a temptation to secretly record telephone calls...

Dale Streiman LawBrampton, Ontario8mo ·

Indigenous Persons and Ontario Probate Law – Is Probate Tax aka Estate Administration Tax Payable

The applicability of Ontario law to indigenous persons is a complicated one, and the paramount law is the federal Indian Act. The Ontario Estates Act and Estates Administration Tax Act indicate that...

Dale Streiman LawBrampton, Ontario8mo ·

Indigenous Persons and Estate Law – Real Life T.V. Legal Drama

In October of 2025, Justice Fred Myers whom we have quoted and reported on numerous times throughout our blog articles rendered yet another important decision, this time dealing with a side issue of...

Dale Streiman LawBrampton, Ontario9mo ·

Executor – Non-Ontario Resident

One of the things that your experienced Will and Estate Lawyers will consider is who are you appointing as the executor aka trustee of your Will. The executor is the person that carries out the...

Dale Streiman LawBrampton, Ontario10mo ·

PRESUMPTION OF RESULTING TRUST – PT # 639

We have discussed this concept many times, but because it is such a common factor in people’s lives and estate litigation that it is such a rich source of judicial interpretation. In the 2025 case of...

Dale Streiman LawBrampton, Ontario10mo ·

BONDS REQUIRED FOR PROBATE

A bond is required to accompany any application for a Certificate of Appointment of Estate Trustee, formally known as probate, when there is no Will or if there is a Will when the person applying to...

Dale Streiman LawBrampton, Ontario10mo ·

BE CAREFUL WHAT YOU SAY IN THE OBITUARY

In one of our blog articles on dependency relief, ( just use the search window ) we talked about the case of Cassan v. Giroux. Dependency relief is the remedy the court offers to dependants, such as...

Dale Streiman LawBrampton, Ontario11mo ·

DEPENDENCY RELIEF – HOW DO YOU PROVE BEING A COMMON LAW SPOUSE

What if someone who could have been ordered to pay you support, dies and leaves you nothing in their will, or leaves no will at all. When you are an Estate Litigation Lawyers, this is a common...

Dale Streiman LawBrampton, Ontario11mo ·

LAWYER’S JOB – SELLING ESTATE ASSETS TO PAY DEBTS EVEN IF THEY ARE SPECIFICALLY GIFTED

The decision by the Ontario Court of Appeal, which upheld the trial decision of Justice Chown in the Stewart Estate v. Stewart 2025 ONCA 575, is a clear lesson that preparing a Will requires the hand...

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