Estate Law
Estate Law
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…
Estate planning can be a difficult task, but it’s even more difficult when you don’t fully understand the terms used in this area of law and how they relate to you. In this blog post, we’ll discuss some of the key terms that will be helpful to understand if you’re planning a will or if…
The executor of a will has many responsibilities, and they can be complicated if they are not understood. In this article, we will go through some of the main duties of executors in Ontario so they can understand their role very clearly. In most cases, being an executor is a rewarding experience that allows you…
The process of settling an estate is emotionally fraught and often contentious, especially where there is a lack of trust or communication between an Estate Trustee and the Beneficiaries of an Estate. A recent decision in Pinard et al. v. Gilchrist et al. by the Ontario Superior Court of Justice outlines the obligations that an…
A recent decision by the Ontario Superior Court in Fletcher and Vansickle v. Vansickle draws attention to the importance of careful drafting of your will if you plan to give your beneficiaries the Option to Purchase a part of or all of your business upon your passing. What is an Option to Purchase? An option…
The question of whether a family law support order or a divorce support order is binding on a deceased spouse’s estate is an interesting one that bears close consideration during the estate planning process. If not properly addressed, disputes regarding support obligations can lead to estate litigation if such matters are not completely considered and understood in…
On December 1, 2021, British Columbia (“B.C.”) began to formally recognise electronic wills as valid through the formal coming into force of the Wills, Estates and Succession Amendment Act, 2020 (“WESAA”). Consequential amendments to the Supreme Court Civil Rules, BC Reg. 168/2009, included changes to allow for electronic witnesses of electronic wills. B.C., like other Canadian jurisdictions, had…