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...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
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,...Read More
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...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
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...Read More
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...Read More
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...Read More