Pre-death will challenge is premature
In my long career in estates law, I have learned to spot which wills are most likely to end up in court after the testator’s death. Wills governing larger…
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…
Age no barrier to a dependant’s support claim from children
When it comes to your estate, your kids don’t need to be minor to be dependants. Ontario’s Succession Law Reform Act allows dependants of the deceased to make a claim against…
Lost will forces family to go to court for probate
Drafting your will is just the first step in the estate planning process. The second, (often-overlooked) stage involves keeping the will safe and available until the time comes for it to…
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…
Rare POA theft charge highlights potential for abuse
The recent arrest of a Thunder Bay man shows there are limits to the authority granted by a power of attorney for property. The ease and speed with which POAs can…
$1.9-million estate goes unclaimed in B.C.
Normally when I write about a multi-million-dollar estate, it’s in the context of an ugly fight between the beneficiaries of a wealthy person that has made the news or ended…
Court allows son to pay 1985 price for farmland set in mother’s will
Anyone who has been shopping for groceries has had a recent reminder of the powerful effect of inflation. The purchasing power of your money falls as the years pass, which…
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…
No will + wrong executor = court battle
People who die without a will could be sowing the seeds of a wasteful court battle over their estate, as the family of an Ontario man recently discovered. When Bernold…
