WILL CHALLENGES

When drafting a will, one of the goals is to make the will as clear and concise as possible, leaving little room for interpretation outside of the testator’s wishes. But as we’ve seen with many of the situations we’ve discussed, despite a testator’s best intentions, the language of a will can always be subject to…

In last week’s blog we wrote about a business owner whose will provided for an employee to be able to purchase his business rather than leaving it to his family. In this week’s blog we cover a similar situation with a critical wrinkle. In this situation, the deceased left his business to his brother rather than his wife and…

WHEN BENEFICIARIES AND BUSINESS SUCCESSORS COLLIDE When a business owner makes plans for their estate, the family of the business owner might find themselves not a part of the owner’s plan for the succession of the business. While this might be well and good, it might also lead to disputes about how the business is…

The use of multiple wills for estate planning purposes is a strategy that many have used to allow some assets to pass to family members of loved ones quickly while the remainder of the estate gets settled. The use of primary and secondary wills has recently been the subject of controversy as it worked its way through…

When lawyers talk about the importance of creating an estate plan, it’s usually in regards to taking steps to ensure your family is not confused or litigious about your wishes when it comes to your assets. But of course, our lives involve many people outside of family, and estate disputes can also lead to conflict in those…

Estate planning is a crucial step to ensuring that your loved ones are looked after in the event of your death. By signing a valid will, you’re able to dictate what you want to happen to your possessions, including how they are to be distributed. However, as we all know, life has a way of…

One of the most important reasons to have a will in place is to ensure that your estate is distributed according to your wishes, especially if those wishes are contrary to what would happen if you were to die intestate (without a will). Most people would hope that a will would serve to minimize conflict…

There are a number of reasons why it’s important to have a will in place. Dying without a will, something called “intestate”, means you don’t have any control over what happens to your assets upon your death. Instead, your assets are distributed according to statute. A recent decision from the Ontario Superior Court of Justice…

There are a number of factors that could determine whether or not a couple decides to get married. Many people remain in long committed relationships that resemble marriage in everything but name. While many of the rights associated with marriage also apply to people in common-law relationships, there are some exceptions or difficulties that may…

Drafting a will is one of the most important steps a person can take when creating an estate plan. No matter how large or small your estate is, a properly drafted and valid will is the best way to ensure that your property is distributed as you see fit. However, even the best wills can…