Elsewhere we have discussed Deeds of Gift. I direct our loyal readers to the blog titled “Start with no one gets anything for nothing…”. One of the main purposes of a deed of gift is rock solid proof that indeed a gift was intended, and also to take advantage of various provisions of the Family […]
Read MoreTOOLS #1 – HOW TO FORCE PRODUCTION OF A WILL
One of the underused statutes in the area of Estate Litigation and Probate is The Estates Act. This 52 paragraph Act lives in the shadow of its substantial brother The Succession Law Reform Act. However, it contains many useful tools to those involved in a fight over probate and the validity of a Will. One […]
Read MoreSurrogate Will Signing Or How Does Someone Who Is Paralyzed Sign A Will – Part 3
Substantial Compliance – Fixing a Defective Will After Death Part 3 In the first 2 parts of this commentary on the Meyer case ( Part 1 and Part 2 ) which primarily discusses a surrogate signing a will, we saw how a “Probate” application failed. However when one looks at the case from a present day […]
Read MoreSurrogate Will Signing Or How Does Someone Who Is Paralyzed Sign A Will – Part 2
A Promise to Make a Gift Part 2 In Part 1 of this blog we looked at the Meyer case and examined getting someone else to sign the will on behalf of a disabled Testator. It was part of an application for “Probate” that failed. And what of the written promise to transfer the house […]
Read MoreSurrogate Will Signing Or How Does Someone Who Is Paralyzed Sign A Will – Part 1
Part 1 The Succession Law Reform Act, section 4 (1) (a) sets out one of the basic requirements of a valid Will, specifically “…a Will is not valid unless it is signed by the testator or by some other person in his or her presence and by his or her direction;”. Testator is the formal […]
Read MoreWhat is independent legal advice “ILA,” and do I need it?
There are many areas of law that recommend independent legal advice. Independent legal advice or ILA is one of the few things in life that exactly describes itself! It is legal advice given, independent of formal representation. Most commonly, where a person is not formally represented by legal counsel it is recommended that they obtain […]
Read MoreMake A Will With Ontario Bar Association
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 MoreOnus Of Proof – Who Has To Prove What
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 MoreWill Is To Be Interpreted As If Written Day Of Will Maker Death
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 MoreExecutors Fees and 3 Year Rule of Vesting Real Estate with No Probate
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, […]
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