Estate COVID problems part two: The importance of a will
Estate COVID problems part two: The importance of a will A common theme executors and loved ones are faced with is when their loved one dies without a will, also called dying intestate. In the first article in this series we wrote regarding the intestate succession process when a person dies without a will. Many
Read MorePART 2: Gap in the law: Exposure to your ex even when you have a will
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Gap in the law: Exposure to your ex even when you have a will In part one of this series we discussed the significant and often unexpected problems that can arise when a separated spouse dies without a will. We
Read MorePart 1: Gap in the Law: Exposure to your Ex when you Don’t have a Will
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Gap in the Law: Exposure to your Ex when you Don’t have a Will The pandemic has put relationships to the test – and not all seems to be passing. Spousal separations are expected to increase, with a likely spike
Read MoreThe Problem of Racist Wills in Ontario
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. The Problem of Racist Wills in Ontario The common law affords immensely protects testamentary freedom—the ability of testators to dispose of their property upon death as they please. Indeed, the current state of Ontario law is that testators may dispose
Read MoreCosts in Estate Litigation: Who Pays, When and Why?
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. An Overview of Costs in Estate Litigation: Who Pays, When, and Why? The issue of which parties are to bear the costs of litigation in estate matters presents some interesting nuances. On the one hand, estate matters are merely civil proceedings and, in
Read MoreTruths and Rumours During COVID-19 Crisis
The biggest problem writing about what lawyers should know during COVID-19 is that most of the information comes from social media, group email chains, or what you hear through the grape vine. There are also so many Notices it is hard to keep up! Just like an affidavit – Where I make statements based
Read MoreCapacity for a Will: The Banks Test
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale and Matt McEnery The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity,
Read MoreHot Topics: My Common Law Spouse Died – Now What?
My Common Law Spouse Died – Now What? The concept of marriage has evolved significantly throughout existing generations. Fewer people now feel that commitment must be showcased through those two simple words: “I Do”. One thing that is for certain, however: a marriage is a legal contract, and with this contract comes certain obligations, including
Read MorePour Over Clauses: Why You Should Care
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. By Kimberly Gale and Aradhna Mahajan A clause that is valid in some U.S. jurisdictions is being disputed in Canada as seen in the recent decision Quinn Estate 2018 BCSC 365 This case discusses pour-over clauses in a will. A
Read MoreOrgan Donation in Ontario: What You Should Know
Organ Donation in Other Provinces On April 12, Nova Scotia’s legislature unanimously passed the Human Organ and Tissue Donation Act, legislation that presumes consent for organ donation. With that the province became the first jurisdiction in North America to pass such legislation. Following the story of Logan Boulet, victim of the Humboldt bus tragedy who
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