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 […]
Read More
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 […]
Read More
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. […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
Pursuant to Section 2 of the Estates Act, the office of the local Registrar of the Superior Court of Justice is a place where you may deposit your Will for safekeeping. Rule 74.0 of the Rules of Civil Procedure provides further details of the process by which a Will may be deposited and held by […]
Read More
