Copy of missing will validated after court hearing
A lost will is usually as good as no will at all. When the original version of a will can not be found after the testator’s death, the courts typically…
Court splits POA duties between siblings
When it comes to powers of attorney, many hands often make heavy work, especially when siblings are involved. Considering the immense responsibility that comes with an appointment under a POA,…
Court orders $45k costs after resolving ambiguity caused by father outliving son
Testamentary ambiguity can arise at any time. In an ideal world, we would all make our wills on the day we die, so that every one of the choices we…
Deceased’s widow defeats estranged daughter in battle over investment account
One of the more common reasons people tell me they don’t want a will is that it’s a “waste of money." But a recent ruling delivers a powerful counter-argument, demonstrating…
Mother must pay occupation rent to live in deceased son’s condo
Renting property to family can get awkward quickly, but things could get even messier for your heirs unless you’ve documented the arrangement. Pick an estate disputes at random from the…
Intention matters for joint accounts with kids
Sharing property with your children has its pros and cons. On the one hand, there are very good estate planning reasons for owning property jointly with a beneficiary, since it…
Closing the POA gap
It’s time to close the POA gap. That’s the name I give to the persistently lagging uptake levels for powers of attorney compared with wills. Surveys of Canadians consistently find…
Rushed DIY will ends up in court
If there’s anything worse than a do-it-yourself will, it’s one written in a rush. I understand the money-saving draw of will kits – a longtime staple at stationers across the…
Estates law in full effect treating separated couples as if they were divorced
Ontario estates law may have caught up with common sense on the property rights of separated spouses after a landmark amendment finally took full effect. Section 17 of the Succession…
91-year-old’s brother ousted as POA after misappropriating funds
Don’t let the power (of attorney) go to your head. Unless they’re in the business of wills and estates, appointees under a power of attorney for property are often surprised…
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