All About Estates

Category: Contested wills

Total 43 Posts

Ignorance is Bliss

Our friend recently told us that his sister had done a DNA genetic test with one of the companies that provides ancestry and  health information.  What she found out was not what she was expecting at all.  No, she does not have ‘royal’ roots but she does have twin half…

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Disproportionate Inheritance? WESA to the Rescue

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   Nahar and Nihal Litt arrived from India in 1964 with modest beginnings. The couple worked tireless hours building their family’s farm business estate for decades. Their children, who were between the ages of…

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Too much “Legalese” – Better Pay Attention!

  This Blog was written by: Emily Racine   While reviewing wills with clients, the focus is often on the dispositive provisions of the will; in other words, clients tend to focus on the first five pages of the will and leave the rest to the lawyers. For the most…

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You Better Think (Think)…About the Estate Planning Process

This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however,…

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Lucid Intervals and Testamentary Capacity

As I understand, “lucid interval” is a legal doctrine that holds that testamentary capacity may exist at a moment in time even though the testator’s general state would be inconsistent with the conclusion that he possessed testamentary capacity.[i] The idea is that an individual who suffers from mental illness or…

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Milne Estate (Re)visited

Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal)…

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Buffy the Vampire (Slayer Rule)

Halloween is right around the corner, so today’s blog post is taking an ominous turn. Informal Reader Poll: What’s scarier? a) A horror movie that’s been remade three times b) Having to remake a client’s will for the third time Now to the fun stuff….. There’s a general principle in…

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The Importance of Being Original

This Blog was written by: Emily Racine   As we know, the statistics are less than ideal for the number of Canadians who have a will let alone a recently updated one. That being said, having a will is not enough – it is important to have the original will….

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A Roadblock for Multiple Wills

Today’s blog was written by Justin W. de Vries and Jacob Kaufman A will need not be probated. The power of an estate trustee derives from the will itself. However, in certain cases, a grant of probate (now awkwardly called a certificate of appointment of estate trustee with a will)…

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Where’s There is a Will (and a Clear One), There is a Way!

In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’,…

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