Boundary Dispute
Zorz v. Attard, 2008 CanLII 2760 (ON S.C.) was the case of two neighbours whose houses were built about 80 years ago on Baby Point Rd. near Jane and Annette Streets in the City of Toronto. The fence separating the houses was constructed 15 inches west of the actual boundary, making it appear that the Zorz land was 15 inches wider than what was shown on the deed. The original deed to the Zorz house included a right-of-way over the 15-inch strip of the Attard property. In 2006, Attard renovated her home and constructed an addition. In the process, she removed the old fence and replaced it with...
Read MoreEstate Contracts: A Look at Mutual Wills
Mutual wills are two wills, one executed by each of two individuals who have agreed to a specific estate plan. Most often each party leaves their estate (or a life interest in their estate) to the other party and their instructions are identical or very similar as to how their respective estates are to be disposed of upon the death of the party who is last to die. In other words, regardless of which of the two parties dies first, the distribution of the remaining assets of the survivor’s estate is agreed upon by the parties in advance. Once one of the parties dies, the estate plan becomes...
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Andrea P. Kelly is a legal practitioner and notary public, called to the Ontario Bar in 2001, with practice focus in Estate Planning and Administration, including wills, estates, trusts and powers of attorney. She also practices Real Estate.
Prior to opening her law firm, she worked in various capacities including litigation support lawyer for the Ministry of Attorney General regarding complex commercial litigation, private practice in corporate/commercial law and numerous legal research and writing positions.