Estate Law
Estate Law
When a person passes away, one of the first things to be done is to determine who has been made executor of the estate. The executor is responsible for administering the estate, but this is not always a smooth process….
The recently issued decision of the Court of Appeal of Ontario (ONCA) in McGrath v. Joy, confirmed that a suicide note could be a valid will in Ontario In the decision, the ONCA reviewed the decision of the Superior Court…
In a recent decision, the Ontario Superior Court refused to order the production of an applicant’s psychiatric records when he challenged his father’s testamentary capacity. The respondent sought production of the records in order to demonstrate that the applicant had…
Back in September we blogged about recent changes to estate law in Ontario. One of the more interesting changes was the introduction of the ability for the courts to “cure” invalid wills. Questions around the validity of a will due to administrative…
There are a number of reasons why someone may want to challenge a will. One such reason that comes up quite frequently is when someone doesn’t believe that the testator (the person making the will) had the capacity to do so….
Having a proper will in place not only provides you with the security in knowing that your estate will be distributed as you intended in the event of your death, but it can also give your loved one’s security in…
One of the primary reasons someone might make a will is because they want to be in control of what happens to their estate when they die. This can be interpreted as making sure that specific people are included in…
It might seem that simply having a will in place is a sure way to avoid your estate being subject to litigation after you pass away. After all, one of the primary reasons someone would draft a will is to…
The story of a Halifax woman’s attempts to receive her deceased husband’s RRSP savings has highlighted the difficulties in making changes to what happens to someone’s estate in the event that they die without a will that may or may…
People often put together estate plans while they are alive in order to ensure that their property goes to the people they want it to, and conversely, to ensure that property does not go to people who they do not…