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
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 […]
Read MoreWhy an Executor Should Hire an Accountant at the Earliest Opportunity
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 […]
Read MoreWHAT HAPPENS WHEN A JUDGE IS WRONG
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 […]
Read MoreCAREFUL BE VERY CAREFUL DRAFTING A WILL
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 […]
Read MoreCan a Power of Attorney be used for entering into a Trust Agreement including the Fully Monty Pt 2
In another blog article we reviewed the unhappy fact situation set out in the Selkirk case The court examined the law on whether or not individuals using a Power of Attorney can enter into a Trust Agreement on behalf of the donor of the Power of Attorney. There were three competing decisions across Canada. However, […]
Read MoreTRUSTS AS A MEANS OF SKIPPING PROBATE and USING A POWER OF ATTORNEY TO SIGN ON BEHALF A MENTALLY INCOMPETENT PARENT
At our law firm we have devoted a fair amount of time to perfecting our strategy to avoid or eliminate probate. We have called that strategy the “Full Monty” and it is explained elsewhere on this website. Learn More : A Strategy To Reduce Or Eliminate Probate Fees – Fully Monty Learn More : The […]
Read MoreWhy at times Primary and Secondary Wills are Crucial
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 […]
Read MoreWHAT DO YOU DO WHEN YOU CANNOT FIND THE ORIGINAL WILL?
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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