It’s hard to think of a better recipe for an estate fight than a deceased with an $80-million fortune and skepticism about estate planning.
According to a Brantford Expositor story, local businessman Ken Hill had repeatedly ignored his lawyer’s advice to get his estate in order, making it clear before his January 2021 death that “he disliked lawyers and the idea of making a will.”
So it was a surprise to some when Hill’s business partner produced a signed, but unwitnessed typewritten document that purported to leave the bulk of Hill’s property – including $38-million worth of shares in their company – to one of his sons, who was also named as executor under the will.
The case ended up in court, where the rest of Hill’s nine children and former partners challenged the validity of the alleged will.
A judge ultimately sided with the siblings, declining to validate the document due to the “suspicious circumstances” surrounding its execution, considering Hill’s known aversion to both lawyers and computers.
“It is also odd that none of Mr. Hill’s electronic devices had any document and/or user activity relevant to the purported will; any discussions regarding the creation, signing or modifying of any wills; or any discussions with estate lawyers in any country,” the judge added.
It seems likely that the assets in Hill’s estate, which included real estate and personal property in the U.S., Canada and the Bahamas, will now be distributed on an intestacy.
Had he heeded his lawyer’s warning and drafted his own will, it’s possible some of this legal strife could have been avoided.
When someone dies without a will in Ontario, the government effectively decides what will happen to their property – via the province’s Succession Law Reform Act, which sets strict rules for the distribution of assets.
But the Act makes no provision for the individual circumstances of the deceased, which can lead to issues, especially for those with anything but a conventional family arrangement.
Even if you’ve got a will in place, it’s a good idea to communicate with beneficiaries about the basic terms of your estate, so there are no big shocks once it kicks in.
The next step is to revisit your choices every few years, to make sure the beneficiaries you named first time around still make sense after the passage of some time.
Major life events – think the birth of a child, marriage, divorce, or a major change in net worth – should also prompt a fresh look at your estate plan.
Disclaimer: The content on this website is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this website are advised to seek specific legal advice by contacting members of Laredo Law (or their own legal counsel) regarding any specific legal issues.
