Estate Litigation
Evidence in Will Interpretation
Wills can be complex, and sometimes interpreting the exact wishes of a Will-maker (testator) can be confusing. What is a beneficiary supposed to do when a clause in the Will is vague or ambiguous? Consider the following scenario: John Doe...
Filing Clearance Certificates with CRA by Email
Clearance certificates confirm that the estate of the deceased, or a corporation, has paid all the tax, penalties, and interest it owed at the time the certificate was issued. The certificate allows the representative to then allocate assets without being...
Wait, I didn’t mean to gift that! The Doctrine of Unconscionable Procurement
What happens if the person you are providing a gift to tricks you or misleads you into giving it? What happens if you are forced into giving a gift? What happens if you did not understand the implications of gifting...
Can Children Challenge a Will on Fairness in Ontario?
Most provinces, including Ontario, will not allow non-dependent adult children to challenge a parent’s will on the basis of fairness. However, section 60 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13, states that if a will-maker dies...
Creating Multiple Wills in Ontario
The creation of multiple wills may seem complicated during the estate planning process, however it offers many advantages as a tool to handle different assets and to avoid certain fees. Let’s take a look at some of the basics regarding...
Can You Execute Your Will in Ontario by Blinking?
A decision in the Texas court of appeal has raised some interesting discussions regarding the execution of wills. In Estate of Luce, the Texas court of appeal found that even though the testator drafted his will only by blinking, the...
Predatory Marriages: The Growing Trend in Ontario
Elderly persons are living longer and as a result, a new litigation concern for the aging population has emerged: predatory marriages. Impacting wills and estates, and creating an emotionally stressful situation for family members, predatory marriages are a difficult situation...
Introducing Medical Records in a Will Challenge
Can you use medical records to prove that a family member lacked mental capacity when they made their Will? In cases where a Will is being challenged on the basis that the will-maker lacked capacity, litigants will frequently attempt to...
Incapacity is Not Synonymous with Dementia
What is Capacity? A drafting wills lawyer is tasked with the role of carrying out a legal assessment of their client's capacity to make a will. In Ontario, to have capacity to make a will, one must have the ability...
