Another common method of attacking the validity of a Will is an allegation of undue influence. For a claim of undue influence to be effective, one would need to prove that the intent of the person making the Will had been overwhelmed and replaced by the person exerting the undue influence. Imagine the scenario of […]
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Estate Administration – Income Taxes
I want to first acknowledge that any errors in this blog article are my sole responsibility, but I tip my hat to Ms. Estelle Wieler CPA, CA, CEA (Certified Executor Advisor) of Calvin G Vickery CPA Professional Corporation for her guidance. One of the most important duties of an executor is ensuring that the final […]
Read MoreLACK OF TESTAMENTARY CAPACITY – USING IT TO ATTACK A WILL Aka DAD DID NOT KNOW WHAT HE WAS DOING WHEN HE MADE HIS WILL
We have commented elsewhere about the traditional methods of attacking a Will. One of those areas is claiming the will-maker aka the Testator, lacked testamentary capacity. In simple English, the person writing the Will did not have the mental wherewithal to actually make a Will. The legal phrase is a lack of testamentary capacity. There […]
Read MoreFIRST LAND TITLES DEALING PROBATE EXEMPTION
There is a highly exotic and often overlooked exemption to the necessity of probate in dealing with Real Estate. It is formally known as the first dealings in land titles exemption. When the British Government assumed control of what would become the Province of Ontario, it began a relatively rudimentary system of land registration and […]
Read MorePRESUMPTION OF RESULTING TRUST APPLIES TO REAL ESTATE
DO NOT ADD YOUR CHILDREN ON TITLE TO YOUR HOME TO AVOID PROBATE In another blog article we discussed the treacherous extension to beneficiary designations of the legal creature known as the presumption of resulting trust. That line of cases is fraught with many difficulties which are explained in that blog article. However in the […]
Read MoreNEED TO REVEAL YOUR INCOME – NO TIME LIMIT
The Supreme Court of Canada in 2020 released the important decision of Michel v. Graydon. The court held that even after a child was no longer deemed to be a child of the marriage as defined under the Divorce Act, the support that was evaded by the payor failing to reveal his/her income increases, was […]
Read MoreWill Instructions and Questionnaire
HOW TO CANCEL OR REVOKE A WILL
The law with respect to Wills is largely set out in The Succession Law Reform Act. Ontario is a strict compliance jurisdiction, meaning that for a Will and many other steps associated with it to be valid, one must strictly comply with all of the provisions of the law. This is in contrast with other […]
Read MorePalm tree justice gone wild
Presumption of Resulting Trust #2 Palm Tree Justice Gone Wild Just because you are the named Beneficiary of a RIFF or an Insurance Policy, you may not be I refer our readers to an earlier blog article title presumption of resulting trust “When is an Owner of a Bank Account not an Owner?” To briefly […]
Read MorePresumption of Resulting Trust
When is an Owner of a Bank Account not an Owner? The Supreme Court of Canada in the Precore decision confirmed the equitable rule (i.e. fairness law) called the presumption of resulting trust and applied it to jointly owned bank accounts. Frequently parents will add an adult child as a joint holder of a bank […]
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