Archive for the ‘Wills’ Category

“But you never saw the person…”

Thursday, November 20th, 2014

A common question:  “How can one possibly do a retrospective assessment of capacity if you have never seen the person??”  It is generally accepted of course that a contemporaneous assessment is the best opportunity to determine whether an individual is capable of executing a Will or giving instructions for Power ...

Alcoholism Alone Not Enough to Negate Testamentary Capacity

Monday, November 17th, 2014

In daBalinhard, the Saskatchewan Court found that a history of alcoholism, short term memory loss and unusual behavior was not enough to sustain a will challenge. After a forty-year marriage, the testator, John, and his wife, Shirley, separated on August 16, 2011.  Two months after their separation, John executed a new ...

Beneficial ownership of a principal residence for tax purposes: A question of Law and Fact

Friday, November 14th, 2014

Let’s say, your parents place legal title of their house in your name for health reasons. However, your parents continue to reside in the house and pay all the household expenses. Then your mom passes away. Your dad continues to reside in the house until sometime later at which ...