Kimberly A. Whaley, CS, TEP, LLM
Kimberly A. Whaley is the founding partner at WEL Partners.
Kimberly's firm is ranked nationally by Canadian Lawyer as one of the Top 5 Trusts and Estates Boutique firms in Canada; and has been recognized since 2012 by Global Law Experts, receiving International awards in Trust and Estate Law.
Kimberly was inducted as a Distinguished Fellow of the Canadian Centre for Elder Law (CCEL) in Vancouver, 2012.
Kimberly was designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada in 2006 and has been peer selected annually since 2008 for inclusion in Best Lawyers in Canada in the practice area of Estates and Trusts. Kim was chosen by Lawday Leading Lawyers as one of the top 60 leading lawyers in Canada in Estates and Trusts. Kim is also a Solicitor of the Supreme Court of England and Wales.
She was given the Martindale-Hubbell – BV Distinguished Rating in both Legal Ability and Ethical Standards. Kim is Lexpert ranked in the Canadian Legal Lexpert Directory, an acknowledgement of excellence by peers and colleagues.
Kimberly was awarded the OBA-Hoffstein Book Prize Award in 2009, recognizing contributions and achievements by Members of the OBA in Wills, Trusts, Estates, Writing and Teaching.
Kimberly is a Past-Chair of the OBA Trusts & Estates Executive, and Executive Member of the CLE and Institute Executives. Kim is currently a member of the CBA Elder Law Section and an Executive Member, OBA Awards Committee. She is on the Expert Advisory Focus Group for the Law Commission of Ontario (LCO) Law Reform Project as it relates to Ontario’s Capacity and Guardianship Laws and to RDSPs. Kim is the Toronto Branch Chair of The Society of Trust and Estate Practitioners (STEP), Toronto, and as such a Director of STEP CANADA. Kim has also been Program Officer, Toronto and is designated as a full member of STEP Worldwide as a Trust and Estate Practitioner, TEP.
Kimberly is an honourary committee member of The Professional Advisory Group of the Baycrest Foundation. Kimberly is a member of the Estate Planning Council of Toronto. Kimberly has been on the Estate List Users Committee of the Ontario Superior Court of Justice at Toronto since its inception in 2003.
Kimberly taught Appellate Advocacy as an adjunct professor at Queen’s University where she received the Queen's University Special Lecturer Award and at the University of Toronto. She has also taught at the Bar Admission Course at Osgoode, and regularly presents at Continuing Legal Education programs for lawyers, in-house financial institutions, Institute of law Clerks of Ontario (ILCO), hospitals, accountants, financial advisors and other organizations and foundations, universities and colleges. Kim maintains a teaching affiliation with the University of Toronto and recently taught classes on the subject of ‘Capacity’ together with Laura Watts in a gerontology course on Law and Aging and on Financial Abuse of the Elderly.
Kimberly participanted in the Senior's Roundtable, Ontario Securities Commission "Focus on issues facing seniors managing investments and retirement income" and contibuted to the Minister of State for Seniors The Honourable Alice Wong’s Financial Elder Abuse discussion group on "Bill S-4, The Digital Privacy Act (amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) and related issues" as well as particpating Expert Advisory Panel Focus Group for the Law Commission of Ontario’s "Law Reform Project and consultation as it relates to legal capacity and Ontario’s Capacity and Guardianship Laws and to RDSP’s".
- STEP Trust Quarterly Review, Volume 15, Issue 1 2017, Independent Legal Advice and Incapacity, Kimberly A. Whaley
- WEL on Powers of Attorney, 2016
- Armstrong, Estate Administration, A Solicitor’s Reference Manual: Fiduciary Accounts And Court Passings: 2016-Rel.4
- Canadian Lawyer, The Elder Law Boom, October 2016
- Single by Choice, Chapter 9, The Law Always Has Its Say, October 2016
- Développements Récents En Successions Et Fiducies, Barreau Du Québec, Service De la Formation Continue, Volume 411, Predatory Marriages, 2016
- The Advocates Quarterly: “Standardizing the Assessment of Testamentary Capacity”, Vol. 46, No. 4, March 2017, Kimberly A. Whaley, Megan Brenkel, Kenneth I. Shulman and Kerri Crawford
- The Advocates Quarterly: “The Myth of a Hierarchy of Decisional Capacity: A Medico-Legal Perspective”, Vol. 45 No. 4, July 2016, Kimberly Whaley, Kenneth I. Shulman and Kerri Crawford
- Estates and Trusts Pension Journal (ETPJ): “Attacking and Defending Gifts” (2016), 35 E.T.P.J.269
- The Advocates Quarterly: “Solicitor’s Negligence: Estates and Trust Context” Volume 45, No.1, February 2016
- WEL Partners on Fiduciary Accounting: Guardianship Accounts, Attorney Accounts, Estate Accounts, Trust Accounts, 2014, Revised 2016, WEL Partners
- Money and Family Law: 2016: Claims Arising out of Later Life Partnerships
- The Advocates’ Journal, “The Landscape of Elder Abuse”, Vol. 34, No. 3, Winter 2015
- The Advocates Quarterly: “Where There’s (Not) a Will: Partial Intestacies and Remedies” co-authored with Ameena Sultan, Volume 44, No. 4, November 2015
- CBC.ca, ‘In Depth’ article: referenced in ‘Marriage-like relationships hard to prove in court, B.C. case shows Sex, love and the courts: When is a spouse a spouse?’ November 1, 2015
- Whaley Estate Litigation on Guardianship, 2015, Whaley Estate Litigation
- Estates and Trusts Pension Journal (ETPJ): “Predatory Marriages – Equitable Remedies”, co-authored with Albert Oosterhoff, Volume 34, No. 3, May 2015
- CBC Broadcasting Centre: Ontario Today, “Disputes over Inheritance” January 15, 2015
- Lawyers Weekly: “Remedy for a Broken Family Promise: Ontario Appeal Court looks at proprietary estoppel in a pair of cottage cases”, December 5, 2014, Vol. 34, No. 29
- Canada Law Book Year in Review, Key Developments in Estates and Trust Law in Ontario, 2014-2015: “Contempt Proceedings in Estate Matters”
- Money and Family Law: “Spousal Claims Against Estate and Other Claims Arising out of Re-Marriages”, Part VI, June, 2014, Issue 29-7
- Money and Family Law: “Spousal Claims Against Estate and Other Claims Arising out of Re-Marriages”, Part II, March, 2014
- Money and Family Law: “Spousal Claims Against Estates and Other Claims Arising out of Re-Marriages”, Part I, December, 2013
- ERAssure Newsletter: “The Fractured Family Estate Litigation in Complex, Blended and Extended Families in an Era of Social and Demographic Change” Issue 15, October, 2013
- Estates and Trusts Pension Journal: “Capacity and the Estate Lawyer: Comparing the Various Standards of Decisional Capacity” E.T. & P.J., Volume 32, No. 3, May, 2013
- Advocates Quarterly Journal: “Between a Rock and a Hard Place: The Complex Role and Duties of Counsel Appointed Under Section 3 of the Substitute Decisions Act, 1992”, Volume 40, Number 3, November 2012
- Advocates Quarterly Journal: “The Intersection of Family and Estates Law: Post-Mortem Claims Made by Modern Day Spouses”, Volume 40, Number 1, June 2012
- Kimberly authored the chapter, “Conundrums in Cognition: Planning for the Future”, in “What Next? Navigating Later Life Transitions”, Senior Solutions, Release 2012
- Kimberly authored the chapter, “Fiduciary Accounts and Court Passings”, in “Armstrong, Estate Administration: A Solicitor’s Reference Manual”, Carswell and Thomson Reuters, Release 2012-13, Vol. 4, p. SLL-32 – SLL-46.58, and Release 2014-15
- Kimberly authored the chapter, “Estates Issues Relating to Ontario Family Law, Property Rights and Obligations.” in “Property Rights and Obligations Under Ontario Family Law”, Canada Law Book, Thomson Reuters, 2012.
- Kimberly authored and edited the Canada Law Book yearly publication “Capacity to Marry and the Estate Plan” in 2010, with co-authors: Dr. Michel Silberfeld, Heather McGee and Helena Likwornik.
- Kimberly is a co-contributor and author of a chapter in the Canada Law Book publication “Key Developments in Estates and Trusts Law in Ontario” published annually since 2008. Kim authors the chapter, “Passings of Accounts, including Contested Passings” and in 2013-2014, “Financial Abuse of Older Adults: Elder Law Issues, Abuses and Potential Remedies”.
- Estates and Trusts Pension Journal: “Life after Death: Modern Genetics and the Estate Claim”, Vol. 28, Number 2, March 2009
- Estates, Trusts and Pensions Journal: “Powers of Attorney and Financial Abuse” Vol. 27, Number 4, September 2008 Estates and Trusts Pension Journal: The Use of DNA in Contested Estate Matters, E.T. & P.J. Volume 23, Number 2, page 140, April 2004
- Caregiving Matters, quoted in the article: ‘How Ontario’s laws make seniors an easy target for ‘predatory marriages’, April 22, 2016
- Saskatchewan News, quoted in the article: “Hitched then ditched by marriage ‘predator’”, April 17, 2016
- Waterloo Chronicle, quoted in “Hitched then ditched by marriage ‘predator’”, April 17, 2016
- Toronto Star, quoted and referenced in the article: “How Ontario’s laws make seniors an easy target for ‘predatory marriages’", April 17, 2016
- The Lawyers Weekly, July 25, 2014, “Challenging the predatory marriage: A pair of New York rulings offer an alternate path”
- Just Magazine: “Cautions against Boilerplate Language in “End of Life” Clauses in Powers of Attorney for Personal Care”, January 2014
- Law Times Supplement: “What is Elder Law?”, December 9, 2013
- LSUC: “How to Make a Dependent’s Support Claim” Update, November 2013
- CBA National Elder Law Section Newsletter: Sage Advice: “Lawyer’s Checklist of Circumstantial Inquiries”, November 2013
- OBA, Trust and Estates Section, Deadbeat article: “McConnell v Huxtable: Clarification of Limitation Period for Constructive Trust Claims?”, October 2013
- Law Times: Quoted in article: “Wills and Estates Litigation: Decision Show Need for Greater Attention to Undue Influence” by M. McKiernan, October 21, 2013
- CBA National Elder Law Section Newsletter: Sage Advice: “Planning for the Protection of Older Adults”, March 2013
- Deadbeat Magazine: “Case Comment on Haines v Haines Estate: Judge Warns of Potential Modern Day Bleak House in Litigation to Remove Estate Trustees”, January 2013
Kimberly is the mom of teenager Sammi. Kim has a new affection for cycling and a renewed interest in photography after a long lapse and is now experimenting with her new Nikon D800. Kim also runs marathons in her spare time and is taking guitar lessons for the first time.
- Executive Member, OBA Awards Committee.
- Past Chair, OBA, Trust and Estates Executive
- Executive Member, CBA Elder Law Executive
- Member, Law Society of Upper Canada
- Member, Canadian Bar Association
- Member, Ontario Bar Association: Civil Litigation, Family Law, Sole Small Firm and General Practice, Health Law sections
- Member, Toronto Lawyers Association
- Full Member, Society of Trust and Estate Practitioners (STEP) (Worldwide)
- Past Branch Chair, STEP (Toronto)
- Director, STEP (Canada)
- Member, Estate Planning Council of Toronto
- Member, Professional Advisory Group of the Baycrest Foundation
- Member, Professional Advisory Group of Dental Elder Abuse Response (DEAR) Project
- Member, Estate List Users Committee, Ontario Superior Court of Justice (OSCJ) at Toronto
- Trusts & Estates Executive Bench and Bar Liaison and Estates List Users Committee (ELUC)
- Executive Member (Past), OBA, Young Lawyers Division (YLD)
- Executive Member (Past), OBA, CLE Main Committee
- Executive Member, (Past), OBA, Annual Institute Review Committee, 2005 - 2009
- Member, Advocates’ Society
- Member, Advocacy Centre for the Elderly (ACE)
- Counsel (Past), Senior Peoples’ Resources in North Toronto Inc. (SPRINT)
- National Academy of Elder Law Attorneys (NAELA)
- Member, Canadian Association on Gerontology
- National Initiative for the Care of Elderly (NICE), Ontario Association of Community Care Access Centres (OACCAC)
- Member, OBA, Law Reform Initiative, Predatory Marriages
- Member, American Bar Association (ABA)
- Queen's University Faculty of Law
- Hull and Hull
- Borden Ladner Gervais, LLP
- Beale & Company
- International Human Rights Group, Washington, D.C.
- Allen & Overy