Wills

Total 473 Posts

Listing in a Time of COVID

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Regular court operations and limitation periods/statutory deadlines continue to be suspended in Ontario due to COVID-19 (as discussed further in my previous blog). However, this does not mean that litigation is somehow frozen or that deadlines in previous court orders do not apply. One party learned this painful lesson in Lima v. Ventura (Estate of), 2020 ONSC 3278. The facts in this case are depressingly common in Toronto. A deceased….

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Estate Administration and Probate Applications, Estate Litigation, Wills

ON A PAPER NAPKIN, DID YOU SAY?

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The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit it to be accepted as a valid holograph will.  The Court had to decide whether the will met the test….

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Contested wills, Courts, Estate Administration, Estate Litigation, Family Conflict, Property, Wills

Where There is a Will, There is a Way

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This post is a culmination of the works of various members of Fasken LLP. Have you ever thought to yourself, “I wish I knew the basics of Will formalities in other provinces”?  In this post, we hope to expand our horizons beyond Ontario to provide a brief overview of the witnessing requirements for Wills across Canada (particularly, Ontario, Québec, British Columbia, and Alberta). Currently, at least two provinces (Ontario and….

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Wills

Virtual Will Signings and Access to Justice: Do Social Distancing Measures in Estate Law Help Everyone?

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management COVID-19 has changed the landscape in almost all aspects of our day to day lives. This includes the practice of estate law. With so many vulnerable individuals looking to complete their estate plan in the days of social distancing, organizations like the Law Society of Ontario have had to embrace change. With the introduction of….

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Estate Planning, In the News, Wills

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part I

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I will discuss the importance of this topic and describe the applicability of a non-charitable purpose trust to this type of estate planning. Part II will examine the practical considerations for operating a….

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Estate Planning, In the News, Investments, Property, Trustee, Trusts, Wills

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills
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