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Make A Will With Ontario Bar Association

Make a will month
Date: 03 Nov, 2022

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 […]

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Onus Of Proof – Who Has To Prove What

Onus Of Proof – Who Has To Prove What
Date: 27 Oct, 2022

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 […]

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Rectification B.C. Style – Part 2

Date: 02 Sep, 2022

Part 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 […]

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Rectification B.C. Style – Part 1

Date: 02 Sep, 2022

Part 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 […]

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Why an Executor Should Hire an Accountant at the Earliest Opportunity

Date: 01 Sep, 2022

An 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 […]

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WHAT HAPPENS WHEN A JUDGE IS WRONG

what happens when a judge is wrong
Date: 26 Aug, 2022

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 […]

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CAREFUL BE VERY CAREFUL DRAFTING A WILL

CAREFUL BE VERY CAREFUL DRAFTING A WILL
Date: 24 Aug, 2022

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 […]

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