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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
Resealing of Foreign Orders Appointing Guardians
This blog was written in collaboration with David Morgan Smith at Hull and Hull LLP. In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of Canada have access to the...Read More
Are you properly prepared to challenge a will?
Losing a loved one is understandably a very difficult and emotional time for most Ontario residents. Unfortunately, whenever there are disputes that occur in the aftermath of a loved one's passing, this can ratchet up tension and stress to unimaginable...Read More