Wills

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Taking the Extra Steps

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Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the act and its effects; (2) shall understand the extent of the property of which he is disposing; (3) shall be….

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Contested wills, Estate Litigation, Testamentary Capacity, Wills

Codicils within Multiple Wills and the Complexity Between Them

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Today’s blog was written by Najib Painda, Wills & Estates Law Clerk at Fasken LLP   As you may know, the purpose of a Codicil is to effect minor changes within an existing Estate plan without the need to create a whole new Will. In today’s age of technology, where new documents can be produced with relative ease, Codicils are becoming less common. When a client is looking to make….

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Estate Planning, Wills

Affidavit Evidence – A Refresher

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Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent in court – since the judge reviews the affidavits prior to the hearing, court time is used by the lawyers….

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Credibility, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

How’s it going … with the new probate forms?

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It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of January 1, 2022, drastically alter the probate procedure by eliminating 43 existing forms, introducing 8 new consolidated forms and amending….

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Estate Administration, Estate Planning, Executors, Wills

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

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Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is a bit different. For this post, I’d like to highlight Shingeki no Kyojin (in English: Attack on Titan), one of….

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Estate Planning, Family Conflict, Healthcare, In the News, Interest, Wills

“And Just Like That”: Mr. Big’s big mistake and other take aways

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This blog post has been written by YVONNE MAZURAK, Associate at Fasken LLP. Like many others, I spent a good chunk of my time off over the holidays catching up on “And Just Like That”, aka the reboot of the decade long 90s hit show which followed the lives of Carrie Bradshaw—a 30-something columnist living in NYC—and her three best friends.For those unfamiliar, the reboot continues following Carrie and her….

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Estate Planning, Uncategorized, Wills
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