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Category Archives: Wills

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More on Rebutting The Presumption of Resulting Trust

Posted in Estate & Trust, Estate Planning, Executors and Trustees, Litigation, TOPICS, Trustees, Wills
In Mroz v. Mroz, 2015 ONCA 171 (Ont. C.A.), the Court of Appeal returned to the issue of rebutting the presumption of resulting trust that arises upon a gratuitous transfer from the owner of the property to another or into joint tenancy with another. Here, the testatrix transferred her home to one child in joint… Continue Reading

Inheritance Expectations

Posted in Estate & Trust, Litigation, Wills
Last week I blogged about the anticipated transfer of wealth to the Millennial generation.  While the Millennials are expected to inherit in the next few decades, the Baby Boomers have already inherited and continue to inherit their parent’s fortunes. However, some may be quite disappointed when the waiting comes to an end. A Maclean’s article… Continue Reading

Digging Around for the Will

Posted in In the News, Wills
In a grisly news story, it was reported that a woman recently pleaded guilty to digging up her late father’s casket to look for a will. The late Eddie Nash died in 2004.  He had prepared a will in 1995.  Unfortunately, one of his daughters felt that she didn’t receive a fair share of her… Continue Reading

Intolerance for Intolerance

Posted in In the News, Wills
A recent decision of the Superior Court of Justice has made been making headlines.  In Spence v. BMO Trust Company, the Court was faced with the challenging question of whether or not to set aside a will based on a finding that the deceased had disinherited his daughter for racist reasons. In the Spence case,… Continue Reading

An Estate Going to the Dogs

Posted in Charities, Pets, Wills
Two charities are proceeding to an Irish High Court for the adjudication of a dispute over the charitable bequest made pursuant to a Last Will and Testament. The Will in question, executed by Elizabeth Burke of Limerick, Ireland, provided that five hundred thousand of an Estate valued in excess of twelve million euros would be… Continue Reading

Choosing Your Beneficiaries

Posted in Estate Planning, Litigation, Wills
Choosing one’s heirs (beneficiaries) is a challenging aspect of the overall estate planning process. For many, making decisions about the disposition of personal assets can be the most difficult, emotional and time-consuming. Some issues for consideration when choosing one’s heirs include: Precisely who to include as your heirs? (i.e. spouse, children, dependants, charities) Whether assets… Continue Reading

The Legacy of Alfred Nobel

Posted in General Interest, Wills
This week, the Nobel Peace Prize was awarded to its youngest ever recipient, seventeen-year-old Malala Yousafzai.  Many people know that the Nobel Prizes are named after their founder, Alfred Nobel, who died in 1896.  Fewer are familiar with the story behind the creation of the prestigious awards that almost never came into existence. Earlier this… Continue Reading

Mirror v. Mutual Wills

Posted in Estate Planning, Wills
Mirror wills are made by two people to benefit one another. If one should predecease, an alternate beneficiary, agreed upon by both testators is to benefit. Mirror wills are often made by spouses and designate their children as the alternate beneficiaries. Mutual wills are a similar, yet clearly distinguishable, estate planning vehicle. The doctrine, described… Continue Reading

Are Two Wills Better than One?

Posted in Wills
It is said that two heads are better than one, except when those two heads contradict one another, leading to problems.  The same could be said about multiple wills. The use of multiple wills has become a popular technique in Ontario as a means of reducing estate administration taxes which are payable when an estate… Continue Reading

Facebook and Apple to Pay for Female Employees to Freeze Eggs – Some Estate Planning Considerations

Posted in Estate Planning, Wills
Within the recent past, the success rates and popularity of conceiving a child through Assisted Reproductive Technologies (“ART”) have increased significantly. Technological advances now make it possible for genetic materials to be frozen and preserved for decades, before being thawed for use in the conception of children. Both Apple and Facebook have recently announced that… Continue Reading

Should you discuss the contents of your Will?

Posted in Estate Planning, Wills
A study published by Fidelity Investments, Fidelity’s Intra-Family Generational Finance Study, reveals that many adult children and their parents avoid having family discussions about estate planning. The study surveyed parents who were 55 years or older, with an adult child of 30 years or older. Parents had to have a minimum of $100,000 in investable… Continue Reading

What Happens If The Assets Are Not Enough?

Posted in Estate Planning, Executors and Trustees, Wills
When there is a shortfall between what payments an estate is required to pay and the value of the estate, some problems can arise. Two such situations include: (i) when the estate assets are insufficient to satisfy the debts and (ii) when the estate assets are insufficient to distribute specific bequests. Firstly, sometimes a deceased’s… Continue Reading

Where There is a Will There is a Way

Posted in Estate & Trust, Wills
We have all heard the story of the shoemaker’s children, where the shoemaker, so preoccupied with making shoes for the town’s feet, forgets to address his own family’s needs. The shoemaker keeps putting ‘make my family shoes’ at the end of his to-do list and never seems to quite reach the end of his list.… Continue Reading

Wills of Famous Historical Britons available Online

Posted in Uncategorized, Wills
The National Archives of the United Kingdom has an online searchable catalogue of historical wills and probate filed at the Prerogative Court of Canterbury between 1384 and 1858.  Until 1858, authority for probate rested with the Church of England ecclesiastical courts. The Prerogative Court of Canterbury had jurisdiction over the Estates of wealthy individuals. A… Continue Reading
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