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 […]
Read MorePart 1 The Ontario Court of Appeal in Leonard v. Zychowicz, a decision released in March of 2022 outlined the cost and difficulty of successfully attacking a Will. As an example of the incredible expense and time involved in such an attack, this was an appeal decided two years after the original final order (made […]
Read MoreRemoving an executor also known as an estate trustee is a difficult mountain to climb and we have touched upon the law surrounding that issue in other blog articles. I refer one to our recent blog article on Walters v. Walters titled An Absolute Discretion. This website also features two other blog articles titled Applying […]
Read MoreIncreasingly with our online world, our clients are taking advantage of opening up online stock trading accounts. Wishing to save the fees charged by normal investment and brokerage houses, parties are taking advantage of offers of almost minimal commissions offered by companies such as Questrade. It is crucial that when couples open up such an […]
Read MoreThere is no more basic yet more misunderstood term in real estate than the difference between joint tenancy vs. tenants-in-common. These are the two most common methods for multiple people or companies owning a single property. There is a vast difference between the two, despite the similarities in their names. Joint tenancy  or Joint Tenants […]
Read More
In early 2022, the Ontario Court of Appeal released an important decision titled Walters vs. Walters Estate. The case is a family tale of disharmony. Unusually, this case was not about a second marriage.  In this case the Mother died, survived by her husband of 60 years and two adult sons. The sons and father […]
Read More
Some statutory considerations for setting aside a gift a.k.a. actual legislation and not judge made law, are set out below. There are a number of actual Statues that have a serious effect on gifts and their validity, and we summarize two of them as follows. 1. Fraudulent Conveyances Act. If a gift is given with […]
Read More
We have elsewhere in our blog articles talked about these issues, but the presumption of undue influence is an important consideration for both Wills and gift-giving. The presumption comes up in cases where the potential for domination inhibits the relationship between the transferor and the transferee. In other words, from the person giving to the […]
Read More
