Wills

Total 466 Posts

Stripping Assets Out of Corporations; Will Drafting Considerations

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Imagine you have an interest in a privately held corporation, which corporation’s underlying assets include a valuable art collection. Perhaps on your death you would like the art collection, or certain pieces, to be given to your closest friend, with the remaining assets (represented by the shares in the corporation) being given to your family. From an estate planning perspective, you have to consider whether the art collection can be….

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Estate Planning, Wills

Just a “Simple will” Please

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  As estate planners, we often hear from our clients that they just want a “simple” will. They tell us that they have a “simple” estate and so don’t need any complicated estate planning. Personally, every time I hear this, I begin to tense up. Take it from an estate planner – a simple will does….

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Estate Planning, Wills

Potential Cost of Witnessing a Will

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Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Wills

“I’ve signed my Will…now what?”

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You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final account, and, if you store original documents, ensure the documents are safely stored and that your database is updated accordingly…..

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Wills

When Is A Signature Not A Signature?

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Under the Succession Law Reform Act (SLRA), a will or codicil must be “signed” to be valid. The case of BMO Trust Company v. Cosgrove, 2021 ONSC 5681 considered what handwritten form of a person’s name constituted a signature. Nola Louise Bogie hired a lawyer to prepare her will. However, by 2017, Ms. Bogie’s lawyer had been suspended by the Law Society of Upper Canada (as it was then known)…..

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Estate Administration and Probate Applications, Estate Litigation, Wills

Assessing Drake’s Estate Planning Needs

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As a Toronto native, I couldn’t help but listen to rapper Drake’s highly-anticipated new album Certified Lover Boy, which he released just a few weeks ago. In fact, it has been enjoying record-breaking streaming numbers from music fans around the world, amassing a staggering 153 million global Spotify streams in its first 24 hours of release. Drake and his music are clearly influential on a global level. Drake’s songs have….

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