Published Papers
“Resolution of Estates and Trust Disputes: Mediation and Alternative Dispute Resolution in Canada” - Kimberly A. Whaley, The International Academy of Estate and Trust Law, Oxford University Press, Trust & Trustees, February 2020
"Capacity to Reconcile: A New Legal Standard" by Kimberly A. Whaley, STEP Trust Quarterly Review, Volume 16, Issue 2, June 2018
"Independent Legal Advice and Incapacity: Under the Influence" by Kimberly A. Whaley, STEP Trust Quarterly Review, Volume 15, Issue 1, March 2017
Papers reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited.
"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
“Attacking and Defending Gifts”, by Kimberly A. Whaley, 35 E.T. & P.J. 269 (2016)
“Trust Law Refrom: The Uniform Trustee Act", by Albert Oosterhoff, 34 E.T. & P.J. 330-355 (2014)
“Predatory Marriages – Equitable Remedies”, by Kimberley A. Whaley and Albert 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)
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
"Finding Time for Fitness", January 2016, Kimberly A. Whaley and Micheal Okumura
“Capacity Considerations and your Client”, Fall 2015, Kimberly A. Whaley
Published Books
A Dead Giveaway, 2017 - Publication Info Please Contact Dana Hogan in our office at (416) 355-3253 if you are interested in obtaining a hard copy.
WEL Partners on Elder Law, 2020 - Download a PDF Copy
WEL Partners on Dependants' Support, 2018 - Download a PDF Copy
WEL Partners on Powers of Attorney, 2016 - Download a PDF Copy
WEL Partners on Guardianship, 2015 - Download a PDF Copy
WEL Partners on Fiduciary Accounting, 2014, 2nd Edition 2016 - Download a PDF Copy
Capacity to Marry and the Estate Plan, Canada Law Book, 2010
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" by Kimberly A. Whaley, Mark Handelman, and Erin Cowling, 2013
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, John E.S. Poyser, Carswell, 2019
Oosterhoff on Wills, Eight Edition, Albert Oosterhoff, Carswell, 2016
Oosterhoff on Trusts, Ninth Edition, Albert Oosterhoff, Carswell, 2019
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 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, contribution by Kimberly A. Whaley, Canada Law Book, 2012
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