Wills

Total 464 Posts

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

Rest assured, a will is not a trust

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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….

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Trusts, Wills

Lucid Intervals and Testamentary Capacity

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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…..

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Capacity Law, Contested wills, Estate Litigation, Wills

Estate Planning for Pets

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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….

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Estate Planning, In the News, Philanthropy/Charitable Giving, Trusts, Wills

Dead People Who Make More Money Than You

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Imagine 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…..

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Estate Administration, Estate Planning, In the News, Wills

Common Pitfalls in Estate Planning for Blended Families

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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….

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Estate Planning, Wills
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