Wills and Estates
Did they forget about me? A Primer on Dependent Support Claims
In Ontario, if a testator (will-maker) fails to account for you in their will, and they had an obligation to support you, you can sue the deceased’s estate on the basis that you are a dependent of the deceased under...
How to Protect the Elderly from Will Revocation Upon Predatory Marriage.
With the population in Ontario aging rapidly and predatory marriages on the rise, the Ontario government is concerned for elderly persons that are being approached by financial predators, whose exclusive motivation for entering into a relationship with the elderly person...
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...
