Estate Law
Estate Law
In Ontario, for a Will to be considered valid, it must be created by a testator who is of sound mind and over the age of 18. The testator must also sign the Will in the presence of two witnesses, who then sign confirming they witnessed the testator’s signature. But what happens when a witness later tries…
While a testator may do everything they can while they are alive in an effort to set up their estate for easy distribution, they cannot prevent someone from challenging their will after they pass. Sometimes individuals who believe that they should have been included in the will as a beneficiary choose to contest a will…
Having a valid will in place at the time of one’s death is incredibly important. Naming a trusted individual or individuals to act as executor of the estate is just as important, as this role carries a great degree of responsibility. In the recent decision of Humphreys-Saude v. Pavao, a mother was named as executor of…
What happens to one party’s inheritance when a couple separates? The answer depends on how the inheritance entered the relationship, and how it was spent, if at all. If one spouse receives an inheritance during the marriage and retains it, it will most often be excluded from the division of property upon separation. In the…
Wills are not often thought of as contracts, but they are often viewed as one. While there is no question that having a properly drafted will is one way to lessen the possibility of estate litigation, if contention does arise, courts will interpret the language used in the will to assist in determining the intention…
Whether you’re preparing your will or amid an estate dispute, you might be wondering about the financial implications of inheritance or estate disputes-for example, are estate settlements taxable? Or, what taxes do I need to pay before distributing estate assets? This article will provide some general information about how inheritance and settlements are treated for…
Creating a Will is one of the most critical steps to take when preparing for what happens to your estate. Preparing a valid Will is the best way to ensure that your assets will be distributed amongst your family, loved ones, friends, or charities as you see fit. Without a Will, if you die, your…
A power of attorney transfers decision-making authority about your legal and financial affairs to another individual. It can be used to allow a family member or friend to make decisions about your health or personal property. Sometimes, disputes arise over the validity of a power of attorney, the decisions made by attorneys, and other related…
Estate litigation can be challenging for all involved. But what can make it more challenging is when a party abuses the process to the point that litigation is unnecessarily prolonged over several years. This can only bestow added hardship on those trying to cope after the passing of a loved one. This scenario occurred recently…
Not all estate litigation is contentious. Sometimes parties come to court intending to settle a dispute amicably. Moreover, the court is usually interested in helping resolve disputes without unnecessary expense. In the recent case of O’Connor v. Dell before the Ontario Superior Court of Justice, a testator’s Will did not account for circumstances that arose…