How do the Courts handle drafting errors in wills? While the general rules is that an individual’s last will and testament may not be overwritten or altered so as to distribute their estate in any manner other than as the testator described in their will, the equitable power of rectification may be employed by a … Continued
Read MoreEffective September 1, 2017, Ontario has relaxed some of the asset limits and other rules required for individuals to be eligible for benefits under the Ontario Disability Support Program (“ODSP”). The changes are generally seen as long overdue, given the ever-rising cost of living and difficult in finding affordable housing (in the GTA especially). The … Continued
Read MoreUnder Section 61(1) of the Succession Law Reform Act (“SLRA”), an application for dependant’s support is required to be made within 6 months from the time that the estate trustee or executor gets probate for the estate. The legal term for “probate” is when a Certificate of Appointment of Estate Trustee is issued by the … Continued
Read MoreWhen deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney(s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if … Continued
Read MoreHistorically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued
Read MoreIn Estates litigation, it is not uncommon for parties to be close to settlement, but are stymied by haggling over the exact terms of the minutes of settlement (or contract) and the delays by the exchange of drafts back and forth, between the parties’ respective lawyers. This begs the question: at what point is the … Continued
Read MoreAn estate trustee has a duty to locate and notify all of the beneficiaries of an estate. But what happens when a beneficiary has lost touch with their family, or is missing and has not been heard from in years? It is not uncommon for a person to prepare their will a number of years … Continued
Read MoreShould a will be set aside where a beneficiary was excluded for reasons which were racially motivated? Should third party extrinsic evidence of the alleged motivations be admissible in support of an application to set aside the will? These were the issues examined by the Ontario Court of Appeal in Spence v. BMO Trust Company … Continued
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