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