Total 466 Posts
In my first blog on multiple wills, I briefly discussed the rationale for using multiple wills as a tool for managing estate administration tax and then turned to drafting considerations, specifically the introductory clause and the revocation clause. In this blog I will focus on provisions where there is potential for an unintended double payment…..
MULTIPLE WILLS: PART 2 Continue Reading »
Estate Planning, WillsIn what the judge referred to as a “noble gesture”, the deceased ordered that his two scrapbooks setting out his life story be copied and distributed to his family. These instructions were set out in a Codicil to his Will. However, disagreement amongst family members regarding the copying of the scrapbooks and delivery of the books led to court proceedings and over $30,000 in legal fees claimed by the three….
The Case of the $30,000 Scrapbooks Continue Reading »
Estate Litigation, WillsMany individuals make donations to charities in their Wills. Not only does this fulfill philanthropic goals, but it also provides a tax benefit. Making a charitable gift by will provides donation tax credits which can be used to offset the deemed disposition of capital property that occurs on death…..
Charitable Donation Tax Credits – When Can They Be Utilized? Continue Reading »
Estate Planning, In the News, WillsIn a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal. At trial, the appellant was found to be the deceased’s common law spouse and was awarded $30,000 from his estate. However, the trial judge was frustrated with the lack of disclosure….
Court of Appeal Confirms New Approach to Costs in Estate Litigation Continue Reading »
Contested wills, WillsA couple of years ago a survey revealed that only 18% of first time executors were aware of the first step in the administration of an Estate – locate the Will….
Where do you look for an original Will and what do you do if you cannot find it?? Continue Reading »
Estate Planning, Executors, WillsThe legal test for testamentary capacity is well-established in Ontario. In making a determination of whether or not an individual had the capacity to make a will, the evidence of a certified capacity assessor is often given great deal of weight. However, scientific developments have led to a new type of assessor of a person’s mental health. Meet Ludwig, an artificially intelligent robot who was created to track and monitor signs of Alzheimer’s disease or dementia…..
Robots are Judging You Continue Reading »
Capacity Law, Elder Care, Elder Law, Testamentary Capacity, Wills