Wills and Estates
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...
Using Video Conference to Witness Wills and Powers of Attorney
Until April 7, 2020, all non-handwritten Wills required two witnesses to be physically present in the same room as the will-maker to sign the Will. Failure to comply with this requirement would render the Will invalid. It is of no...
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...
Will Planning to Avoid Disputes
Families are complex and the dynamics that can occur when it is time to divide the assets left behind by a loved one can be challenging. This is especially true if there is no will to use as a guide,...
Creating a Will for Young Families
Creating a will is a smart way for young parents to secure their estate in case of unforeseen events. Estate planning is not simply something that should be done once you are retired or your kids have moved out of the...
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...
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...
Multiple Wills in Ontario: Re Milne Revisited
The Divisional Court recently allowed the appeal in the matter of Milne Estate (Re), 2019 ONSC 579, providing a sigh of relief for estate planning lawyers across the Province. The Milne case deals with the validity of multiple wills and...
What happens when people die without wills in place?
Despite many people claiming to be aware of the importance of proper estate planning, nearly half of Canadian adults report not having estate planning documents in place. Ontario adults who die without the appropriate wills and other important documents lined up will have...
How should wills address digital assets like cryptocurrency?
Passing along wealth when everything is either available in cash or held in a bank is straightforward enough. While solid estate planning and proper communication with financial institutions has always been a good idea, for a long time the documentation...
