September 2011

Specificity Matters: Defining “Children” and “Issue” for Estate Planning Purposes

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In a previous blog, I wrote about the need for specificity when drafting provisions that include a “spouse” of a particular person as a potential beneficiary of an estate or trust.

Attention is also needed to ensure that when a Will refers to terms such as “children” or “issue”, the persons included within these classes are those that the testator intends to benefit. This is particularly true in the current age, where there are an increasing number of different types of relationships and manners of having children…..

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Estate Planning

Interrelation of Family Law and Estate Planning

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With many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my spouse with a gift over to my issue”, and clients should understand how their estat planning decisions may be impacted by family law…..

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Capacity Law, Estate Planning, Family Conflict, Power of Attorney, Property, Spouse, Wills

AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY?

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Much has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, Wills
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