$80-million estate of Ontario businessman embroiled in litigation
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,…
Common-law spouse does not have to share deceased partner’s home
Legal advice is a must for testators with complex family dynamics. Second (or third) marriages, stepfamilies and common-law relationships are no longer the novelty they once were in Canada. And…
Dad’s $400k gift to stepdaughter clawed back into estate
When is a gift not a gift? When you can’t prove it’s what the giver intended. Disputed gifts delivered during the lifetime of the deceased are among the most common…
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…
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…
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…
4 reasons parents should stop procrastinating on making a will
As the cost-of-living crisis continues, Canadians are finding it easier than ever to procrastinate on making a will. Parents and their children struggling with higher rents and rising inflation understandably…