Every November the Ontario Bar Association, an organization of 16,000 lawyers, judges, notaries, law teachers, and students, celebrates Make a Will Month. It is an opportunity for members of the legal community to help educate the public about the importance of having a will and having it done by a lawyer. This year, we have Fred […]
Read More
For a Will to be valid, some minimal factors need to be present. Most of them are just common sense. These include the basic concept that the Will Maker aka the Testator needs to understand what they are doing and cannot be forced into making a Will. Formalities under the Succession Law Reform Act also […]
Read More
It makes common sense that a Will only applies to the net assets owned by the Will Maker, aka the testator, that he or she had on the date of their death. However, it is not unusual for even experienced Wills and Estates lawyer to ignore the effect of the Succession Law Reform Act section […]
Read More
A number of years ago we touched on the complicated area of what your executor also known as an estate trustee will be paid for fulfilling their role in administering an estate. In the 2022 decision by the Honourable Mr. Justice F. Bruce Fitzpatrick of the Ontario Superior Court of Justice in Winkworth v. Murray, […]
Read MorePart 2 In part 1 we began our exploration of the law of rectification British Columbia style as set out in the case of Simpson v. Zaste. Part 1 Rectification B.C. Style The court was of the view that the Will failed to accurately reflect what the will maker husband’s true intention was. There had […]
Read MorePart 1 One would think a Will is a Will and that we are all bound to follow just the words found in the Will itself. However, the legal system is more flexible than that and in limited circumstances can fix or rectify a Will that does not address obvious drafting problems. In the 2022 […]
Read MoreAn Estate Should Hire an Accountant Sooner Rather Than Later. I take this opportunity to draw once again on the wealth of knowledge and assistance that I receive from Ms. Estelle Weiler CPA, CA, CEA (Certified Executor Advisor) of Calvin G Vickery CPA Professional Corporation. She is my go-to person for any Estate tax related […]
Read More
Generally speaking, the quality of individuals appointed to sit in judgment upon all of us is exemplary. Often they are the best of the best who for often selfless reasons wish to have an impact on the law and society far beyond the comparatively few cases that would cross their desk as a lawyer. One […]
Read More
Almost every Will written in Ontario, and indeed in most jurisdictions, begins with the phrase or something close to it “I hereby revoke all Wills and testamentary dispositions of every nature and kind whatsoever made by me before”. To the average person this simply means that any previous Will you made is canceled and replaced […]
Read More
In another blog article we reviewed the unhappy fact situation set out in the Selkirk case The court examined the law on whether or not individuals using a Power of Attorney can enter into a Trust Agreement on behalf of the donor of the Power of Attorney. There were three competing decisions across Canada. However, […]
Read More
