Wills

Total 464 Posts

Revisiting Spence v BMO and the case of Discriminatory Wills: Why the saga should not be over

• • 3 Comments

By: Giancarlo Mignardi, Summer Law Student   Two years later and, given the absence of any further noteworthy cases on point, including a Supreme Court decision, this blogger believes that further discussion about discriminatory wills is warranted. In Spence v BMO Trust Company,[1] the Ontario Court of Appeal (“ONCA”) delivered a strong statement in support of testamentary freedom by concluding that: (1) it is not open to courts of construction….

Revisiting Spence v BMO and the case of Discriminatory Wills: Why the saga should not be over Continue Reading »

Wills

It’s All About The Benjamin Orders

• • 0 Comments

Did William die? If so, when? These were the central issues addressed in Steele v. Smith, 2018 ONSC 4601. There, the Court had to consider whether the estate trustee of William’s sister’s estate should receive a “Benjamin Order”, permitting the estate trustee to distribute the residue of her estate as if William had predeceased her. The testator (William’s sister) was born in Northern Ireland on December 23, 1922 and later immigrated….

It’s All About The Benjamin Orders Continue Reading »

Estate Administration, Estate Litigation, Wills

Court of Appeal Weighs In On Alcoholism and Testamentary Capacity

• • 0 Comments

In the recent decision of Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario considered the validity of wills executed by a testator suffering from chronic alcoholism. Background: Jack and Noel Dujardin (“Jack” and “Noel”) were brothers who jointly owned a farm property that had been in their family since 1958. The brothers lived on the farm together and ran the farming business as a partnership. In….

Court of Appeal Weighs In On Alcoholism and Testamentary Capacity Continue Reading »

Capacity Law, Wills

Graduated rate estate – don’t lose it!

• • 0 Comments

A graduated rate estate (GRE) is an estate that arises as the result of the death of a person on or after December 31, 2015, and no more than 36 months after the person’s death. The estate at that time must be a testamentary trust. The GRE designation brings with key benefits such as access to the lower marginal tax rates and simpler and more flexible donation rules.  Perhaps more important in….

Graduated rate estate – don’t lose it! Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

The Risk and (Potential) Reward for Acting as an Executor [1]

• • 0 Comments

  For those engaged in thoughtful Will planning there comes a point in the discussion with clients about who should be an executor, what the job of an executor is and whether and how much they should be paid. More often clients want to start the Will planning dialogue by telling me who they want to name as their executor.  Sometimes the choice is coupled with the explanation that “He….

The Risk and (Potential) Reward for Acting as an Executor [1] Continue Reading »

Estate Planning, Executors, Family Conflict, Wills

Allsorts of Potential Problems with Joint Bank Accounts

• • 1 Comment

This blog was written by Ronald Neal, student-at-law at de VRIES LITIGATION LLP. What happens to the money in a joint bank account when one of the joint account owners passes away? Do the funds pass to the surviving joint owner outside of the estate, or do the funds form part of the deceased joint owner’s estate? The Ontario Superior Court of Justice considered these questions in its recent decision….

Allsorts of Potential Problems with Joint Bank Accounts Continue Reading »

Estate Planning, Wills
Scroll to Top