Dog’s future in limbo after owner’s death
Don’t forget your pooch when planning your estate. Many families regard their pets as full members, but only a small minority reflect this fact in their wills. In one recent case,…
Deceased’s common-law spouse wins joint account battle against step-children
Testators should document their intentions when they set up joint bank accounts if they want to avoid a future estate battle over the funds. There are good estate planning reasons for…
Specific, not standardized language best for revoking beneficiary designations
Testators need to get specific if they want their will to revoke their beneficiary designations, according to Ontario’s Court of Appeal. In a recent decision involving a dispute among a deceased…
Overcoming taboos with advance care planning
Advance care planning can help people break the silence around end-of-life care. While societal attitudes towards sex and money have relaxed in the last few decades, there’s an argument to be…
Drafting a will may be good for your health
Making a will could be good for your mental health. A recent survey found almost half of people who made wills felt “peaceful” after completing the process, while others reported…
Handwritten will declared invalid by Ontario judge
Just because the law allows for a testator to hand-write their own will does not make it a good idea, as a recent court decision shows. Like laws in other…
Document gifts to kids or risk estate litigation
It’s sometimes hard to tell who is happier when generous parents present a large gift to their grateful child. But the mutual joy could be short lived if the transaction…
Who is a spouse? Not always who you might think
Determining who is a testator’s spouse is not as straightforward as it might seem at first glance. In a recent B.C. case, a Chinese woman failed in an attempt to…
Unwitnessed will validated by Court of Appeal
Can I get a witness? A recent Alberta decision shows you might not always need one for your will to be valid, but that doesn’t mean you should forget about…
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Where to store your will
Once you’ve taken the trouble of drafting a will, make sure you keep it safe. In my opinion, the best place for the original copy is with your lawyer, and…
