I Want My Daughter to Be Independent and Self-Sufficient – Can I Cut Her Out of My Will?
| |

I Want My Daughter to Be Independent and Self-Sufficient – Can I Cut Her Out of My Will?

So you’re thinking about disinheriting your child. Contrary to what you and others might think, this does not make you a bad parent. Unlike in forced heirship regimes, children in Ontario have no legal right to inherit anything from their parents’ estates. You may disagree with their lifestyle, politics, finances, or simply desire to see…

What does the Clause “I hereby Revoke All Wills and Testamentary Dispositions of Every Nature and Kind Whatsoever Made by Me Heretofore Made” Actually Mean?

What does the Clause “I hereby Revoke All Wills and Testamentary Dispositions of Every Nature and Kind Whatsoever Made by Me Heretofore Made” Actually Mean?

When you are doing Estate planning, most individuals want as little as possible to go through their Will. They want to minimize their Estate in order to save on Estate Administration Tax (probate tax). Imagine – you are considering drafting a new valid Will. You have already done one previously and ensured that your investments…

Validity of Will Upheld Despite Allegations of Capacity Issues

Validity of Will Upheld Despite Allegations of Capacity Issues

Estate litigation can involve highly contentious proceedings, particularly among family members. When a person, particularly a child, feels as though they have not been adequately provided for or have been left out of the Will, feelings can get hurt, and proceedings can become emotionally driven. That individual may then commence proceedings against the estate to challenge the validity…

Is There a Duty to Advise a Beneficiary if a Testator Removes Them as One?
|

Is There a Duty to Advise a Beneficiary if a Testator Removes Them as One?

In some instances, estate litigation can involve challenges to the will by individuals who believe they should have been a beneficiary of the estate in specific capacities. In the recent decision of Fair v. BMO Nesbitt Burns Inc.,the Court of Appeal of Ontario was asked to determine whether a beneficiary to an investment account was…

Son Challenges Validity of Father’s Will
|

Son Challenges Validity of Father’s Will

In a previous post, we blogged about the requirements for a valid will. One of those elements is testamentary capacity, meaning that the will-maker must have the necessary mental capacity to understand the nature of their property and provide instructions regarding preparation of the will. Lack of testamentary capacity is a common basis which individuals…

Unhappy Ex-Employee Tries to Deny Witnessing Execution of Boss’s Will
|

Unhappy Ex-Employee Tries to Deny Witnessing Execution of Boss’s Will

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…

Child Excluded From Will Requires Sufficient Evidence to Successfully Challenge Testator’s Capacity
|

Child Excluded From Will Requires Sufficient Evidence to Successfully Challenge Testator’s Capacity

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…

Family Conflict results in Long-Term Estate Litigation over Secret Trust and Mutual Wills Agreement
| | |

Family Conflict results in Long-Term Estate Litigation over Secret Trust and Mutual Wills Agreement

Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment…