Total 457 Posts
The past few months have been quite dramatic for estate lawyers; both on the drafting and litigation end. As many of our readers know, Justice Dunphy stirred the pot in the estate world with his decision in Milne Estate (Re). To recap, in the Milne decision, a husband and wife died on the same day. They each left mirror primary and secondary wills. Each of the primary and secondary wills….
Rest assured, a will is not a trust Continue Reading »
Trusts, Wills
As I understand, “lucid interval” is a legal doctrine that holds that testamentary capacity may exist at a moment in time even though the testator’s general state would be inconsistent with the conclusion that he possessed testamentary capacity.[i] The idea is that an individual who suffers from mental illness or a neurological condition may have periods in which his or her ability to reason and make thoughtful choices is preserved…..
Lucid Intervals and Testamentary Capacity Continue Reading »
Capacity Law, Contested wills, Estate Litigation, Wills
Today’s blog was written by K. Thomas Grozinger, LL.B, C.S., TEP[1] Principal Trust Specialist, Professional Practice Group RBC Estate & Trust Services Will the holiday season bring a new pet into the family scene? Pets are often considered part of the family, with one survey suggesting that almost 20% of dog owners celebrate their pet’s birthday![2] So it’s no surprise that Canadians want to make sure that their pets are….
Estate Planning for Pets Continue Reading »
Estate Planning, In the News, Philanthropy/Charitable Giving, Trusts, WillsImagine this – You’re front row center in your red leather jacket. The King of Pop is thrilling the crowd. He moonwalks so close to your seat that you can touch him. But you can’t. It’s a Michael Jackson hologram. You spent half your paycheck to watch a hologram perform. This is why my post today is all about dead celebrities that made wayyyy more money than you last year…..
Dead People Who Make More Money Than You Continue Reading »
Estate Administration, Estate Planning, In the News, Wills
Common Pitfalls in Estate Planning for Blended Families[1] The traditional concept of the nuclear family (i.e., mother, father and one or more children of a single relationship) has evolved over the years. The modern family is more complicated and may consist of parents who are in second or third relationships and who bring into a relationship children from one or more prior relationships. To further complicate the familial structure, there….
Common Pitfalls in Estate Planning for Blended Families Continue Reading »
Estate Planning, Wills
Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’ blog, which you can read….
Milne Estate (Re)visited Continue Reading »
Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, In the News, Succession Planning, Trusts, Wills