Published Papers and Books

The following are a selection of published books / chapters and papers authored by Kimberley A. Whaley and / or her associates. Links lead to stored copies of the papers (published with permission) or to detailed information from the books publisher.


(Reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited)

The Advocates’ Quarterly

“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”, 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’”, Advocates Quarterly, June 2012, Vol. 40, No. 1, pp. 1 – 54

Estates, Trusts and Pensions Journal

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

“Powers of Attorney and Financial Abuse”, (2008) 27 E.T.P.J. 379 – 404

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

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


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

Estate Administration: A Solicitor’s, Carswell

What Next? Navigating Later Life Transitions, Senior Solutions, 2013

Key Developments in Estates and Trusts Law in Ontario, 2011 Edition, Canada Law Book, 2012

Property Rights and Obligations Under Ontario Family Law, Canada Law Book, 2012