Estates

SPECIAL REQUIREMENTS FOR SIGNING A WILL: WHAT YOU NEED TO KNOW

When signing a Will, most individuals can complete the process with a standard witness clause, confirming they signed voluntarily in the presence of two witnesses. However, certain situations require additional steps to ensure the Will’s validity. Whether a testator is blind, unable to sign, or has limited English comprehension, it’s crucial to document the signing […]

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THE GRAVE DUTY OF DISPOSING OF REMAINS – WHO MAKES THE FINAL CALL?

When an individual passes away, they often leave specific directions to their loved ones regarding how they would like their remains to be disposed of. But what happens if no such directions are left? Or if the directions cannot be carried out? Are these directions binding? The law provides some guidance for how to resolve

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TAKING CARE OF AN ADULT FAMILY MEMBER DURING THE PANDEMIC? BE MINDFUL – YOU MAY HAVE BECOME A "FIDUCIARY" – A HIGHER LEGAL EXPECTATION MAY APPLY.

Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a “fiduciary” to the person to whom they provide care. A fiduciary has higher obligations legally – caregivers are now in that category. Historically there are general categories of fiduciary relationships that have evolved in Ontario. They include: agent

TAKING CARE OF AN ADULT FAMILY MEMBER DURING THE PANDEMIC? BE MINDFUL – YOU MAY HAVE BECOME A "FIDUCIARY" – A HIGHER LEGAL EXPECTATION MAY APPLY. Read More »

WHAT DOES "PROBATE" MEAN? DO I REALLY NEED A LAWYER TO "PROBATE" A WILL?

So, you have been named as an “estate trustee” (i.e., executor) in a last will and testament – what now? This is typically an onerous role, so it is important you understand your duties and potential liabilities if you accept this role, which you must decide at the outset. In Ontario, “probate” is an antiquated

WHAT DOES "PROBATE" MEAN? DO I REALLY NEED A LAWYER TO "PROBATE" A WILL? Read More »

HOW DO I CHALLENGE A LAST WILL AND TESTAMENT? WHAT GROUNDS DO I NEED? HOW DOES THIS WORK? ANSWERS…….

So, you’re unhappy with the last will and testament of a family member, or someone from whom you reasonably expected to inherit…… Legally, any person can challenge the validity of a Will, but there are only certain grounds to do so. If you do not qualify within one or more of these recognized grounds, the

HOW DO I CHALLENGE A LAST WILL AND TESTAMENT? WHAT GROUNDS DO I NEED? HOW DOES THIS WORK? ANSWERS……. Read More »

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