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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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Why at times Primary and Secondary Wills are Crucial

dale law
Date: 09 Jun, 2022

In late 2021, Justice Nicholson of the Ontario Superior Court released his decision in Greaves Estate vs. Ontario (Ministry of Finance). Mr. Greaves died far earlier than anyone had anticipated. At the time of his death, he controlled three corporations ( not listed on a stock exchange ) and they were the beneficiary of a […]

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WHAT DO YOU DO WHEN YOU CANNOT FIND THE ORIGINAL WILL?

Date: 09 Jun, 2022

All is not necessarily lost. There are circumstances where an unsigned copy or photocopy of a signed Will can be located. However, after searching high and low the original is nowhere to be found. A court does have the ability to fix the situation. A specific remedy is set out in Rule 75.02 of the […]

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