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Category Archives: Wills

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Equalization – When there is something worse than getting nothing under a Will

Posted in Support After Death, Wills
A surviving married spouse receives nothing in their late spouse’s Will. They come into your office one week prior to the six month anniversary of their spouses death, and you begin the process of putting together an Application for dependant’s support under Part V of the Succession Law Reform Act. As part of the strategy… Continue Reading

The Illegitimate Children of Westeros

Posted in In the News, New Media Observations, TOPICS, Wills
In the Game of Thrones universe, being born out of wedlock results in significant negative social and legal consequences. A “bastard” – a term frequently used in the Seven Kingdoms, although no longer considered appropriate in our world – cannot inherit their father’s lands or titles. They are also not entitled to enjoy the “privileges… Continue Reading

A Coach’s Legacy

Posted in General Interest, In the News, Wills
Coach Dean Smith of National Collegiate Athletic Association basketball fame passed away on February 7, 2015.  The coach of such superstars as Michael Jordan will be remembered for 36 seasons with the University of North Carolina. Pursuant to Coach Smith’s Last Will and Testament, each varsity letterman who played for him was gifted the sum… Continue Reading

$99 Wills – Are They Worth It?

Posted in Estate & Trust, Estate Planning, Wills
In April of last year, Suzana Popovic-Montag wrote a blog about Axess Law (“Axess”), which opened up shop providing legal services, including will drafting, in three Greater Toronto Area Walmart stores. Since then, Axess has expanded its practice, attracting attention from customers, the legal media and other practitioners. Not only have there been articles published on… Continue Reading

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
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