Wills

Total 473 Posts

Can an executor act as a witness to a Will?

•

Two witnesses are sometimes hard to find. In a pinch, could an individual who is appointed as an executor under a Will act as a witness to that Will? In Ontario, the rules governing the formalities of Wills, including the eligibility of witnesses, are set out in the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 14 of the SLRA states that an executor can be a….

Can an executor act as a witness to a Will? Continue Reading »

Estate Planning, Executors, Wills

Mutual Wills – May Require Less than You’d Think

•

Reciprocal wills contain terms that mirror one another and are frequently prepared for couples. Mutual Wills are reciprocal Wills that the testators have agreed cannot be changed, at least without the consent of the other. Where there is no written agreement, the question arises: when do reciprocal Wills become mutual ones? The answer of the recent decision of the Ontario Superior Court of Justice in Rammage v. Estate of Roussel….

Mutual Wills – May Require Less than You’d Think Continue Reading »

Estate Planning, Wills

Deceased’s Will So Hateful it is Suspicious

•

When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’ if she could tell the truth in a Court. She is less a person than her mother. G-d help anyone….

Deceased’s Will So Hateful it is Suspicious Continue Reading »

Contested wills, Estate Litigation, Family Conflict, Testamentary Capacity, Undue influence, Wills

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

•

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….

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

Estate Litigation, Trustee, Wills

I’LL GET TO MY WILL ON ANOTHER DAY…

• • 1 Comment

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…..

I’LL GET TO MY WILL ON ANOTHER DAY… Continue Reading »

Estate Planning, Wills
Scroll to Top