Challenging a person’s last will successfully is becoming more difficult. This is based on my review of recent Ontario court decisions. Signs of dementia by the will maker do not automatically mean the will is invalid. Courts must uphold a person’s testamentary freedom to make their wills….
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Lack of testamentary capacity can invalidate a person’s last will. I will explain “testamentary capacity” or TC. Will challengers need to provide courts with evidence to show a person lacked TC to set aside wills. You may find evidence of suspicious circumstances in a person’s last will….
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Here is an invitation to all financial advisors. You may need to advise clients about charitable gift giving throughout the year. I hope you can join me on Tuesday, November 30 from 12:00 – 1:00 p.m. St. Joseph’s Health Centre Foundation will hold a virtual networking and…
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Take a moment to read my summary of changes in estate law. This is in the next release of Compensation & Duties of Estate Trustees, Guardians & Attorneys. Will Challenges The Accelerating Access to Justice Act, 2021, with numerous schedules, implemented changes in stages to the Succession…
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Are you like Marko? His spouse, Anna, died but did not mention him in her will. Marko asked my office for a meeting with me. I spoke with him on the phone before we met. I needed to know if I could help him. Otherwise, I would…
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Albert didn’t bother talking to a lawyer. He wasn’t sure if he was playing it safe. Albert was executor of his uncle’s small estate. He didn’t realize, however, the size of the estate’s liabilities. His uncle’s RRSPs were transferred directly to his designated beneficiaries. Unknown to Albert,…
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Question 6 Are there foreign or business assets? Wouldn’t it be nice to travel to Europe? What if the estate has assets in another province or country? Will you have time and ability to manage assets in other jurisdictions and with different legal requirements? Are you familiar…
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Question 5 Is there real estate? Real estate is always a headache. Executors must keep real estate insured for fire and valuable contents. You must secure and inspect property. Can you change the locks? Can you access estate funds to pay insurance premiums? What if there is…
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Question 4 Do You Have a Conflict of Interest? Are you an estate executor and also an estate beneficiary? This is not, generally, a conflict of interest. But consider the circumstances below. How many different hats do you wear? One hat may be as executor wanting to…
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Question 3 Will there be lawsuits? Are you an Ontario estate executor? You must know this. How people interpret wills can lead to disagreements which are inevitable. Even in the best families, people don’t always agree. Disagreements can cause people to hire lawyers. You may be involved…
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