Publications

Published Papers

The Advocates' Quarterly

Papers reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited.

“Capacity to Instruct Counsel”, by Kimberly A. Whaley, Vol. 50, Part 4, April 2020

“Finding Missing Beneficiaries”, by Kimberly A. Whaley, Volume 50, Issue 2, October 2019

“Costs in Estate Litigation”, by Kimberly A. Whaley, Volume 50, Issue 2, October 2019

“The Essential Guide to Estate Dispute Mediations: Unique Challenges and Creative Solutions for Lawyers”, by Kimberly A. Whaley, Volume 50, Issue 2, October 2019

“Dispute over Human Remains”, by Kimberly A. Whaley, April 2019, Volume 49, Issue 4

"A Lawyer's Duties and Obligations Where Capacity, Undue Influence and Vulnerability are at Issue in a Retainer' by Kimberly A. Whaley and Kate Stephens, Volume 48, Issue 4, September 2018

"Predatory Marriages" by Kimberly A. Whaley and Albert H. Oosterhoff, Volume 48, Issue 3, June 2018

"Locus of Title in an Unadministered Estate and the Law of Assent" by Albert H. Oosterhoff, Volume 48, 2018

"Independent Legal Advice: Risks Associated with "ILA" where Undue Influence and Capacity are Complicating Factors" by Kimberly A. Whaley, Volume 47, No. 4, December 2017

"Standardizing the Assessment of Testamentary Capacity" by Kimberly A. Whaley, Megan Brenkel, Kenneth I. Shulman and Kerri L. Crawford, Volume 46, No. 4, March 2017

“Discrimination by Fiduciary Protection: Continuing Federal Paternalism in Aboriginal Succession and Inheritance Law” by Lionel J Tupman, Arieh Bloom & Kate Stephens, Volume 46, No. 1, September 2016

“The Myth of a Hierarchy of Decisional Capacity: A Medico-Legal Perspective” by Kimberly A. Whaley, Kenneth I. Shulman & Kerri L. Crawford, Volume 45, No. 4, July 2016

“The Honour of the Crown and Indian Succession and Inheritance Law in Canada: Fiduciary Protection or Creeping Re-Appropriation of Aboriginal Property” by Lionel J Tupman & Arieh Bloom, Volume 45, No. 2, March 2016

“Solicitor’s Negligence: Estates and Trust Context”, Kimberly A. Whaley, Volume 45, No.1, February 2016

“Where There’s (Not) a Will: Partial Intestacies and Remedies”, Kimberly A. Whaley and Ameena Sultan, Volume 44, No. 4, November 2015

"Between A Rock And A Hard Place: The Complex Role and Duties Of Counsel Appointed Under Section 3 of the Substitute Decisions Act, 1992", by Kimberley A. Whaley and Ameena Sultan, Advocates Quarterly, November 2012, Volume 40, Number 3

“Consent and Capacity Issues for Estates Practitioners”, by Lonny J. Rosen and Ameena Sultan, Advocates Quarterly, June 2012, Vol. 40, No. 1, pp. 55 – 79

“The Intersection of Family Law and Estates Law: Post Mortem Claims Made by Modern Day ‘Spouses’”, by Kimberly A. Whaley, Advocates Quarterly, June 2012, Vol. 40, No. 1, pp. 1 – 54

Estates, Trusts and Pensions Journal

"Inter Vivos Versus Testamentary Undue Influence: Origins, Differences and Recent Development", by Kimberly A. Whaley and John E.S. Poyser, April (2021), 40 E.T.P.J. 269

“Posthumously-Conceived Children Born in Ontario: What are their Rights and What do Estate Trustees Need to Know?, by Kimberly A. Whaley and Matthew Rendely, Volume 38, Number 4, August 2019

“Attacking and Defending Gifts”, by Kimberly A. Whaley, 35 E.T. & P.J. 269 (2016)

“Trust Law Refrom: The Uniform Trustee Act", by Albert H. Oosterhoff, 34 E.T. & P.J. 330-355 (2014)

“Predatory Marriages – Equitable Remedies”, by Kimberley A. Whaley and Albert H. Oosterhoff, E.T. & P.J. 269-287 (2013)

“Capacity and the Estate Lawyer: Comparing the Various Standards of Decisional Capacity”, by Kimberley A. Whaley and Ameena Sultan, E.T. & P.J. 215 – 250 (2013)

“Powers of Attorney and Financial Abuse”, by Kimberly A. Whaley and Helena Likwornik, 27 E.T. & P.J. 379 - 404 (2008)

“Life After Death: Modern Genetics and the Estate Claim”, by Kimberly A. Whaley and Helena Likwornik, 28 E.T.P.J. 134 – 150 (2009)

“The Use of DNA Testing in Contested Estate Matters”, by Kimberly A. Whaley, 23 E.T.P.J. 140 – 155 (2004)

Carswell - Estate Administration: A Solicitor's Reference Manual

Carmen S. Thériault, Widdifield on Executors and Trustees, 6th ed., (Toronto: Thomson Reuters Canada) at p. RA-630: Inter Vivos versus Testamentary Undue Influence: Origins, Differences and Recent Developments, Kimberly Whaley and John Poyser, September 2021

Just Magazine

"Finding Time for Fitness", January 2016, Kimberly A. Whaley and Micheal Okumura

“Capacity Considerations and your Client”, Fall 2015, Kimberly A. Whaley

Money and Family Law

"Mediation Confidentiality and Settlement Privilege", by Kimberly A. Whaley, March 2021, Issue 36-3

STEP Canada Connection Toronto Branch Newsletter

"The Ever-Evolving Role of Section 3 Counsel", by Kimberly A. Whaley, November 2020, Vol.8 No. 3

"Kumra v Kumra: Was the Guardian of Property Bound by Previously Executed Minutes of Settlement?" by Kimberly A. Whaley, September 2020, Vol. 8 No. 1

"Lessons Learned from Recent Passing of Accounts Cases in Ontario", May 2020, Vol. 7. No.7

"Determining the “Heirs-at-Law”: Disinherited Daughter Inherits on Intestacy in Re Vaudrey", by Kimberly A. Whaley, 2019 ONSC 7552, February 2020, Vol.7 No. 5

Dévelopments Récents en Successions et Fiducies

Développements récents en successions et fiducies, volume 411 (2016) Service de la formation continue du Barreau du Québec, "Predatory Marriages: Legal Capacity to Marry and the Estate Plan", by Kimberly A. Whaley

Published Books

WEL Partners: A Dead Giveaway

A Dead Giveaway, 2016

WEL Partners on Elder Law

WEL Partners on Elder Law, 2020 - Download a PDF Copy

WEL Partners on Dependants' Support

WEL Partners on Dependants' Support, 2018 - Download a PDF Copy

WEL Partners on Powers of Attorney

WEL Partners on Powers of Attorney, 2016 - Download a PDF Copy

WEL Partners on Guardianship

WEL Partners on Guardianship, 2015 - Download a PDF Copy

WEL Partners on Fiduciary Accounting

WEL Partners on Fiduciary Accounting, 2014, 2nd Edition 2016 - Download a PDF Copy

Capacity to Marry and the Estate Plan

Capacity to Marry and the Estate Plan, Canada Law Book, 2010

Estate Administration: A Solicitor's Reference Manual

Estate Administration: A Solicitor's Reference Manual, contribution by Kimberly A. Whaley, Carswell, supplemented book

What Next? Navigating Later Life Transitions, Senior Solutions, Chapter 5 "Conundrums in Cognition: Planning for the Future

Wht Next? Navigating Later Life Transitions

What Next? Navigating Later Life Transitions, Senior Solutions, Chapter 5 "Conundrums in Cognition: Planning for the Future" by Kimberly A. Whaley, Mark Handelman, and Erin Cowling, 2013

Key Developments in Estates and Trusts Law in Ontario, 2013-2014 Edition

Key Developments in Estates and Trusts Law in Ontario, 2013-2014 Edition, Chapter 4, "Financial Abuse of Older Adults: Elder Law Issues, Abuses, and Potential Remedies", by Kimberly A. Whaley and Heather B. Hogan, Canada Law Book, 2014

Capacity and Undue Influence, Second Edition

Capacity and Undue Influence, Second Edition, John E.S. Poyser, Carswell, 2019

Oosterhoff on Wills, Ninth Edition

Oosterhoff on Wills, Ninth Edition, Albert H. Oosterhoff, Carswell, 2021

Oosterhoff on Trusts, Ninth Edition

Oosterhoff on Trusts, Ninth Edition, Albert H. Oosterhoff, Carswell, 2019

Support Rights and Obligations Under Ontario Family Law

Support Rights and Obligations Under Ontario Family Law, contribution by Kimberly A. Whaley, Canada Law Book, 2018

The Myth of A Hierarchy Of Decisional Capacity: A Medico-Legal Perspective

The Myth of A Hierarchy Of Decisional Capacity: A Medico-Legal Perspective, written by Kimberly A. Whaley, Kenneth I. Shulman, and Kerri L. Crawford was reproduced in the November 2017 issue of Histrop Estate Planning Precedents: A Solicitor’s Manual, 6.1-777

Property Rights and Obligations Under Ontario Family Law

Property Rights and Obligations Under Ontario Family Law, contribution by Kimberly A. Whaley, Canada Law Book, 2012

Publications

The Canadian Journal of Psychiatry

International Academy of Estate and Trust Law

STEP Trust Quarterly Review

STEP Journal