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NON-RESIDENT BENEFICIARIES

NON-RESIDENT BENEFICIARIES
Date: 21 Dec, 2021

We are neither tax lawyers nor accounts, however, it is important that we point out to our clients who are the estate trustees aka executors, that they retain the services of a qualified accountant as quickly as possible. It is not uncommon to have an estate with foreign beneficiaries. Beneficiaries who live in another country […]

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SUBSTANTIAL COMPLIANCE BE CAREFUL WHAT YOU WISH FOR

SUBSTANTIAL COMPLIANCE
Date: 20 Dec, 2021

Until now, it has been easy to ignore court decisions that have emanated from British Columbia. British Columbia’s law of substantial compliance was so different than Ontario’s that those cases had no meaning here. However, with the sweeping changes coming as of January 1, 2022, the decisions being made in British Columbia are important for […]

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IS A SUICIDE NOTE A HOLOGRAPHIC WILL

IS A SUICIDE NOTE A HOLOGRAPHIC WILL
Date: 17 Dec, 2021

As we have described elsewhere, a holographic Will is a valid Will if entirely in the handwriting of the testator/willmaker and is signed by them. There may be no other writing or printing on the pages. There was no need for many of the normal formalities of a Will, including the witnessing by two individuals. […]

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HOLOGRAPHIC WILLS AND HANDWRITTEN WILLS

HOLOGRAPHIC WILLS
Date: 16 Dec, 2021

Not infrequently, we are asked what is wrong with simply downloading from the internet or using a form that someone has purchased at a stationery store. What is wrong with simply doing a Will yourself by writing out your wishes on a piece of paper? The problems are many and it usually boils down to […]

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EX WIFE WANTS SUPPORT FROM EX HUSBAND’S ESTATE

EX WIFE WANTS SUPPORT FROM EX HUSBAND’S ESTATE
Date: 14 Dec, 2021

In the 2021 decision of Virey v. Virey, the court looked at its ability to grant a dependent relief claim even in the face of a full and final divorce judgment and minutes of settlement that stated emphatically that support would end upon the former husband’s death. However, the facts of the case were so […]

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EXOTIC ATTACKS ON WILL VALIDITY THE USUAL vs THE UNUSUAL

EXOTIC ATTACKS ON WILL VALIDITY
Date: 10 Dec, 2021

The traditional grounds of attack against a Will are: 1. The Willmaker aka Testator lacked testamentary capacity, in other words, was not mentally well enough to make a will 2. Undue influence, in other words, the Willmaker was coerced, in essence, forced into making a Will against their will 3. A lack of knowledge and […]

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Capacity To Marry

capacity to marry
Date: 09 Dec, 2021

Finding that a person has the mental capacity to marry is curiously a low test to meet. It is less than testamentary capacity, in other words having the mental capacity to make a Will even though it has far-flung implications. I recommend our article of March 2014 titled Predatory Marriage Elder Abuse and the Court’s […]

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Changes To The Law Of Wills

changes to the law of wills
Date: 09 Dec, 2021

In our blog article titled “Revolutionary Changes in the Laws Regarding Wills in Ontario – Part 2, How to Fix a Will After Death”, we already touched upon the dramatic changes that are coming to the law of Wills as of January 1st, 2022. More changes are coming as of that date than have been […]

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Libel and Slander

Libel and Slander
Date: 21 Oct, 2021

It is more often than not that ugly allegations of misconduct are thrown between divorcing parties. Courts are used to these mudslinging matches which are generally given little weight unless particularly on point. Also, the usual place to launch such verbal attacks is within the four corners of the lawsuit. While a judge may penalize […]

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