Estate Law
Estate Law
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 of…
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…
The Court noted that the applicant would be the appropriate person to apply to be the trustee of the deceased’s estate. However, given that the document was not found to be a valid holographic Will in Ontario and the applicant had not proven that he made an adequate search for another Will, the Court adjourned…
Family comes in all shapes and sizes. While most consider “family” restricted to biological or marital ties, friendships can become as close as a family bond. When drafting their Will, some people may choose to include their chosen family. This spring, the Ontario Court of Appeal corrected a lower court’s failure to acknowledge how close chosen…
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…
Not a lot of people think about inheritance law and what that means for them in Canada. Understanding the basics of this area helps to ensure that you can be informed to make necessary arrangements after your passing. Testamentary freedom Let’s start with the basics: Testamentary freedom is the right to choose who you leave your assets…
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 to purchase…
Drafting a last will and testament can be a difficult and emotional task. However, extreme care must be taken to ensure that what is written reflects the wishes and intentions of the testator. As a November 2021 decision of the Ontario Superior Court of Justice demonstrates, even punctuation can result in a lack of clarity of intention…
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…