May 12, 2025
In today’s financial and legal world, wire transfers are a routine part of many transactions – whether it’s settlements, estate distributions, or real estate transactions. With the growing convenience of wire transfers, it is important to stay alert and informed about cybercrime and to take the necessary steps to protect your funds throughout the process.
Wire fraud usually happens when criminals impersonate a trusted person or organization, typically through email or other electronic means, to trick people into transferring funds to an unauthorized recipient. These scams often take the form of phishing emails that appear to come from someone to you know, like a lawyer or team member, asking about changes to bank details or requesting urgent action unexpectedly on a wire payment. As these scams become more sophisticated, it’s important to stay alert and carefully review any financial emails. Even if they seem convincing, taking a moment to verify can help protect you.
While cybercrime is a growing concern in many fields, there is good news: with the right systems, precautions, and habits in place, we can minimize the risks!
Steps We Take to Protect Your Transactions
Our firm takes a proactive stance on cybersecurity and fraud prevention. Below are key steps we take to help protect your transactions:
Verifying Wire Instructions
We will call you to confirm your wire details using a phone number we know and trust. We encourage you to do the same. If anything seems unusual, please contact us immediately.
Ongoing Education and Policies
Our staff and IT have regular discussions on best practices for cybersecurity and fraud prevention strategies. Additionally, we have internal policies in place to ensure we consistently take an active approach to keep your transactions running smoothly and securely.
Account Oversight and Monitoring
All transactions are carefully reviewed, and only authorized members can initiate or approve wire transfers. We also monitor accounts daily to identify any suspicious activity.
How You Can Help Protect Your Transactions
Here are a few simple recommendations to protect yourself:
- Be mindful of unexpected emails: If an email about a transaction feels unusually urgent or unexpected, take a moment to call us and confirm, and always double-check the sender’s information.
- Avoid clicking on unfamiliar links: If you are ever unsure about an email with a link, please reach out for confirmation.
- Take your time: Slow down and read through all emails carefully – especially ones that seem out of the ordinary.
- Use strong passwords: Protect your email account with a strong, unique password. If possible, activate two-factor authentication to provide additional security.
While cybercrime is an unfortunate reality of our modern age, taking thoughtful precautions and maintaining clear communication can make a meaningful difference in keeping your information and transactions safe. Casey & Moss is committed to protecting your interests every step of the way!
Emilia Szczepkowski
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 6, 2025
What is Estate Administration Tax?
An important thing to consider when applying for a probate certificate (or a “Certificate of Appointment of Estate Trustee”) is the tax owing on the Estate. This tax is referred to as Estate Administration Tax (“EAT”), and it is based on the total value of all assets held by the deceased as of date of death. Payment of the EAT must be submitted along with your probate application at the time of filing.
There are certain circumstances where Estate Administration Tax is not required. For the purposes of this blog, we will go over how to determine the amount of tax payable when you are applying for a Certificate of Appointment of Estate Trustee (with or without a will).
Calculating Estate Administration Tax
When determining the value of the estate, you should add the values of all assets held by the deceased as of date of death. Liabilities owed by the estate are not subtracted from the value of estate assets, except for any registered mortgages towards a property owned by the deceased. Any accounts held by the deceased that name a designated beneficiary or were jointly held and pass by the right of survivorship should not be included in the value of estate assets.
Estate Administration Tax does not apply for the first $50,000 of the estate. The remaining value of the estate is rounded up to the nearest thousandth and then calculated by applying $15 per $1,000.
For example, if the total value of the estate is $372,782.12:
Step 1: Round to the nearest thousandth
$372,782.12 => $373,000
Step 2: Subtract the first $50,000 of the estate value
$373,000 – $50,000 = $323,000
Step 3: Divide by $1000
$323,000/$1000 = 323
Step 4: Multiply by $15
323 x $15 = $4,845
Once you have determined the amount of EAT owing, you should arrange payment by certified cheque or bank draft made payable to the “Minister of Finance”.
It is good practice to always double check your calculations when determining EAT. You may also use an online calculator to assist you with your calculations such as this one: https://www.ontario.ca/page/calculating-estate-administration-tax
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Nov 27, 2024
Disputes involving Wills and Estates often focus on legal complexities, family dynamics, and the emotional challenges that come with the loss of a loved one. However, one important factor that deserves further recognition is the impact of mental health on the litigation process.
Mental health plays a key role in estate litigation, as strong emotions often affect everyone involved – whether legal professionals, clients, or family members. These emotions can influence the entire resolution process.
Grief is a powerful emotion, and when combined with loss of control, financial uncertainty, or feelings of betrayal, it can lead to heightened stress, sadness, and frustration. These emotions do not go unrecognized and are often present during the initial stages of contacting a law firm. To help ease this process, you can refer to our previous posts, “The Intake Clerk and a Potential New Client” or “What Do I Need When Contacting an Estates Lawyer?”. They provide guidance on the initial steps and can help with what might otherwise be a stressful and emotional journey.
The emotional ups and downs of legal proceedings can be overwhelming, but there are ways to make the journey more manageable. Here are a few suggestions to help you stay supported and grounded:
- Mental Health Support: Having access to a mental health professional through therapy or counselling can help you cope with grief, manage emotional stress, and clear your mind.
- Feel the Emotions: It is normal to feel a wide range of emotions during the litigation process, but it is important to allow yourself to acknowledge those emotions, rely on support, and trust your legal professionals. By understanding these emotions early on, we can work together to ease the emotional strain that can intensify conflict and prolong the process.
- Communication: Clear, simple communication is key. A lawyer’s job is to make legal information easy to understand and accessible to clients, which helps reduce confusion and stress. It also makes the entire process smoother and less intimidating.
- Conflict Resolution: Mediation, when brought forth by your lawyer, offers a more collaborative, less adversarial path to resolution. It encourages all parties to work together toward a solution in a supportive environment.
As the holiday season approaches, emotions can run high, especially for families facing legal challenges. It’s important to make time for self-care and prioritize your well-being. If you or a loved one is in need of support, here are a few mental health resources linked below:
Distress Centres of Greater Toronto
Centre for Addiction and Mental Health (CAMH)
Health Canada
211 Ontario
Emilia Szczepkowski
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Nov 5, 2024
A good executor wants to respect the Deceased’s wishes. But when it comes to the choice of lawyer, the Deceased’s wishes shouldn’t carry the day. Many executors mistakenly think that the lawyer whom the Deceased hired to draft the Will should be the one to “probate” it (i.e., submit it to court along with an application for a Certificate of Appointment of Estate Trustee). And unfortunately, some lawyers seem to make the same assumption, and hold themselves out as effectively already hired for the job.
That assumption is especially common when the drafting lawyer has been storing the Will in the meantime, and the executor needs to contact them to get the original. Rather than releasing the Will, sometimes the lawyer starts discussing the content and timing of a probate application, as though they own the Will or have some right to be hired for the job of probating it. While this may be inadvertent, it leads to unfairness. The client does not realize they have a right to review retainer terms (including cost!) upfront and to say no if they don’t like those terms. Clients might pay more than they want or need to, or end up hiring a lawyer they aren’t comfortable with, because they did not understand they have a choice.
The executor can always demand the release of the original Will and take it to a lawyer of their choosing. The testator cannot enter into a future retainer agreement with a probate lawyer in advance of their death, or bind their executor to their choice of lawyer. And legally speaking, the Will is not the property by the lawyer who drafted it, even if that lawyer has agreed to store the Will. A Will is the property of the testator, which means that it becomes the property of the executor after the testator’s death.
The lawyer who drafted the Will has no special knowledge or expertise beyond any other lawyer who does probate. Sometimes, they have less, because probate and estate administration might make up only a very small portion of their practice. And if there is anything contentious involving the Will (for example, a beneficiary has concerns about its validity or is threatening a Will challenge) then the lawyer who drafted the Will should absolutely not be acting for the executor. They are a potential witness and in a conflict of interest. The executor should retain a new lawyer with no involvement in the Will drafting.
If you find yourself named as executor in a Will, know that you are free to choose your own lawyer. As with any other service, shop around. Find the price and the person you feel comfortable working with. While your deceased family member or friend may have chosen to hire that lawyer, you don’t have to.
As a further tip, be cautious if a lawyer tells you that you must pay a fee before they can release the Will to you, or that they are entitled to be paid for their time retrieving it. Ask to see the retainer agreement or other contract signed by the testator entitling the lawyer to be paid a fee for storage or retrieval.
Laura Cardiff
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Oct 31, 2024
I begin with a rant. Power of attorney litigation is the worst. I am not talking here about the kind of litigation where there is an actual financial predator who has obtained a power of attorney through fraud and stolen money from a vulnerable person. That is properly a matter for the courts and the kind of case I derive great satisfaction in pursuing.
I am talking about the kind of power of attorney dispute where the sole issue is whether Johnny or Jane should act as attorney for property and personal care for their parent.
The usual fact pattern begins after the first parent dies. In the aftermath of Dad’s death, the entire family realizes how much Dad’s involvement had been masking Mom’s dementia symptoms. It becomes immediately apparent that Mom is struggling on her own – burning things on the stove, losing her license after a minor car accident, missing appointments, and having trouble with word finding.
Jane is the Responsible One. Jane was always the straight-A student, the rule follower, and the one her parents leaned on most in their senior years. Jane has a Big Job and a busy life with all the typical Type A supermom activities. Naturally, when her parents did their estate and capacity planning 20 years ago while both were well, Jane was selected as the attorney for personal care and finances.
Johnny, by contrast, was not successful in any traditional sense. He doesn’t have regular work, went through an ugly divorce such that he has no full-time parenting responsibilities, and suffered from a substance use disorder from which he has recovered. He has no financial security and does not own a home. As mothers do, Mom adores Johnny. Jane and Johnny do not get along.
Johnny moves in with Mom, which works for both of them. Mom spent the last 40 years of her life making this house exactly the home she wanted. Each knick knack is precious to her. She loves having Johnny around. Jane, however, sees Johnny’s care as substandard. In her view, Mom is not getting bathed or showered enough, Mom is spending too much time watching TV and not enough time doing enriching word puzzles. Jane read about the optimal Alzheimer’s diet and laments the processed food Mom and Johnny seem to be relying on. Mom’s nails and hair, which had always been immaculate, are dirty and unkempt.
As the attorney for personal care and property, Jane decides it would be best for Mom to move to a state-of-the-art memory care facility. Mom is happy living in her home with Johnny and doesn’t want to go. Jane believes that Mom is just not capable of making that decision anymore and ignores Mom’s pleas. Desperate, Mom sees a lawyer (she has no license, so Johnny takes her there) and signs new powers of attorney naming Johnny as her new attorney for personal care and property.
Jane lawyers up. Her lawyer tells her that because the new power of attorney documents were prepared when mom had dementia, a Court could find them invalid and then she would go back to being in charge. Johnny also gets a lawyer. Eventually, a judge also appoints a section 3 lawyer for Mom.
From Mom’s perspective, things become a nightmare. She reads pages of deeply embarrassing affidavit content drafted by Jane’s lawyer, including anecdotal evidence about the time that she couldn’t make it to the bathroom on time and had an accident at church, another about the traumatizing time she got lost. The affidavit evidence contains photos to show how dirty her hair is, how long her toenails are, and the spoiled food in her fridge. She feels an overwhelming sense of shame and embarrassment. She feels like every visit from Jane over the last few months was a trick designed to capture embarrassing video and photo evidence for Jane’s court case against her. The next time Jane comes to visit, Mom tells Johnny not to let Jane in.
The legal fees in these types of cases are breathtaking because lawyers take over all communications between Johnny and Jane, who no longer speak. Every petty grievance or detail of Mom’s life is aired out through letter exchanges between lawyers charging hundreds of dollars per hour.
For the price Jane is paying her lawyers, she could have paid for Mom to have weekly manicures and pedicures, twice-weekly blow-outs, a meal delivery service, weekly visits to the spa, and an Alzheimer’s day program a couple of times a week. But instead, Jane is obsessed with proving that her brother is a deadbeat getting “free rent” by staying in Mom’s house with her. Jane wants to be back in charge, and she wants a judge to confirm that she is the Good Daughter and Johnny is a Very Bad Son. By the point that they get to mediation, both sides have incurred tens of thousands of dollars in legal fees.
The legal fees then become the impediment to resolving the legal dispute. I have mediated many of these cases where the parties are able to resolve all the important issues – where Mom will live, what type of caregiving supports she will have – but the sole remaining issue is each side’s belief that the other side should pay legal costs. Having settled, it would be difficult to get a judge to decide the costs issue independently because the judge doesn’t have context to award costs to one side or the other without delving into all the issues that are now settled. In many cases, the fight continues and more costs are incurred just because neither side will cave or compromise on costs. And in a sad number of cases, the parent dies while the litigation is still unresolved.
Estate and capacity litigators, we need to find better ways of dealing with these issues. In my experience as section 3 counsel for many “Moms” in these cases, not once has the parent said to me, “I am so glad Jane brought this court case to get me the care I need.” Universally, the parent caught in the middle of the dispute says, “I love both my children equally. I want them to get along and I want this litigation to end.” To them, the litigation feels “stupid” (a direct quote from a section 3 client), embarrassing, damaging and incredibly stressful. In my next series of blogs, I am going to share some ideas about how we might change our approach to these kinds of disputes.
Angela Casey
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
