Property Transfer Disputes
In 2011, Marian Hertendy, as sole owner of her house in Smiths Falls, drafted a Will which left the house to her daughter, Beverly Ann Gault. In 2012, Marian transferred her ownership interest in the property to Beverly for nothing...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 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 leaving...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
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