Wills

Total 457 Posts

Does the Timing of their Father’s Death Disinherit Them?

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In Royston et al v Alkerton et al, 2016 ONSC 2986 (CanLII) the estate trustees of Recia’s estate sought the court’s advice and direction to interpret her will. Recia had five children. Two of them, Alan and John, predeceased her. Alan had two children; John had none. Subsequent to Alan and John’s death, Recia made a will with the following provision: My Trustees shall divide the residue of my estate….

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Estate Litigation, Trustee, Wills

I’LL GET TO MY WILL ON ANOTHER DAY…

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One cannot be engaged in an estate planning practice without being asked “why do I need a Will”. For those living family members of the recently departed entertainer, Prince, the answer will, unfortunately become all too clear. According to numerous news reports, the iconic entertainer died without a Will. As a result, the surviving family, comprised of siblings and half-siblings, can expect the legal issues to carry-on for quite some time before their brother can truly rest-in-peace…..

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Estate Planning, Wills

Pension Beneficiary Designations – Don’t Forget the Tax!

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In Will drafting, it is common to include beneficiary designations for life insurance, TFSAs and RRSPS/RRIFs, but sometimes pension plans are overlooked. If the client has a spouse (married or common law), the spouse will automatically receive the client’s pension survivor benefits pursuant to Ontario law. However, members of a plan generally have the ability to designate a non-spouse beneficiary to receive benefits in the event that they die with no spouse surviving. In Ontario, the ability to designate a beneficiary by Will to receive benefits from a pension plan on a member’s death is found in sections 50 and 51 of the Succession Law Reform Act…..

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Estate Administration, Estate Planning, Spouse, Tax Issues, Wills

Costly Cottage Dispute – $403,174.85 in Legal Costs Sought in Dispute Over $300,000 Cottage

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At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was as follows. The mother, Grace, made a will in 2010 leaving her condo to her daughter Barbara and her cottage….

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Capacity Law, Costs, Cottage, Estate Litigation, Family Conflict, Property, Real Estate, Testamentary Capacity, Wills

The Clock Ran Out On This Will Challenge

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Limitations statutes can be unforgiving. One dairy farmer learned this lesson in Reid et al. v Reid; Reid v Reid et al., 2016 ONSC 2098, when his will challenge was dismissed for being commenced out of time. Barry and Robert are brothers. Their parents, Walter and Mary, operated a dairy farm which was held by a family corporation (the parents each held 46.5% of the shares; the children each held….

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Contested wills, Estate Litigation, Executors, Family Conflict, Trustee, Wills

No Right to Compel a Will be Proven in Solemn Form

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My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, Wills
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