Double-check the details to keep your will out of the courts
Details matter when you’re drafting a will. The case list in Ontario’s Superior Court is full of feuding family members who have seized on inaccuracies and ambiguities in a loved…
Grandparents named primary carers of child following mother’s dying wish
Testators do not get the last word over the guardianship of their minor children, but that shouldn’t stop you from naming your preferred caregivers just in case the worst should…
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…
Henson Trusts for parents of children on the autism spectrum
A Henson Trust could help the parents of autistic children to continue supporting their loved ones after they’re gone. I recently had the privilege of speaking at an event put…
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…
Generational clash looming over Boomer-Millennial inheritances
Clashing expectations are setting the stage for a cross-generational war over inheritances between Baby Boomer parents and their Millennial children. A survey by investment bank Natixis recently found that 68…
DIY will ends up in court
We all like to save money here and there, but a do-it-yourself will is one low-cost option that hardly ever pays off in the long run. Will kits have long…
Will challenge spurred by daughter’s ‘inexplicable’ disinheritance
Spelling out your reasons for disinheriting an adult child could help avoid an expensive estate dispute after you’re gone. In a recent Ontario case, the daughter of a deceased 99-year-old…
