A number of other Provinces have substantial compliance laws. In other words, a Judge, after the fact and after the maker of the Will – the testator – has passed away, the ability to fix errors in the Will. I am not speaking of the process of rectification that is discussed in another blog. A […]
Read More
As we had touched on in an earlier blog, one of the ramifications of COVID-19 has been to trigger changes to the way courts and laws are applied throughout the Province. One of the areas that are being updated under the Accelerating Access to Justice Act is the laws with respect to Wills. The changes […]
Read MoreOn March 1, 2021, significant changes to the Divorce Act are finally coming into force after the government deferred the coming into force date. One of the main goals of these legislative changes relates to the best interests of children and promoting the same. The best interests of the child is the only consideration for […]
Read MoreIt is a capital mistake to theorize before one has data. Insensibly, one begins to twist facts to suit theories, instead of theories to suit facts”. Sherlock Holmes While spoken by the famous detective, one finds that proving the validity of claims in family law is no different. Whether you are alleging the misuse of […]
Read MoreAnother 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 […]
Read MoreI 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 MoreWe 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 MoreThere 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 MoreDO 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 MoreThe 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 More
