Recent court decisions have made it clear that certain claims against estates are restricted to two-year limitation periods. This means that you may only have two years from the date of a person’s death to raise legal claims. If legal claims are filed late, they can be…
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What happens if you don’t make your will? Don’t worry – the government makes your will for you. The government makes your last will when you die without a will (intestate). Intestate means government laws control all your stuff. That takes away your freedom. The government rules…
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What happens when you fail to make a will? Ontario judges have limited discretion to decide who handles your estate when you do not bother to make your will. If there is no will, an intestacy is created. That’s when the government makes a will for you….
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Don’t miss Part 1 of this post, Are You Prepared? Discover Your Estate Planning Readiness with my Ontario Quiz Answer true or false. Q6. I can change my will by initialing the changes on the original. True or false? False. This misconception can lead to a court…
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Answer true or false. Q1. I need a lawyer to make a will. True or false? False. You can make your own will without a lawyer but it’s very risky. Do-it-yourself wills are frequently challenged in court. Your beneficiaries may later spend tens of thousands of dollars…
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It keeps happening again and again. Monica came into my office because she was in an estate dispute. She asked what she thought was a simple question, “Why bother making a will if wills are not valid?” My answer was simple. “You must ensure your will is…
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Read Part 1 of Anna’s, a common law spouse, story here. Anna claimed she had paid $25,000 which was half of the purchase price of the condominium. She should have become an owner of 50% of the condo. That was what Jason owed her according to Anna….
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Anna arrived at our law office after the funeral of Jason, her common-law spouse. Anna and Jason lived together for nearly 7 years. Anna cared for Jason during his cancer treatments. She supported Jason and paid the condo fees and mortgage on their condominium. The condominium, however,…
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In one case, deceased’s children could not agree who was to sell the family’s home for two years. On the day we appeared before a judge to decide who would list the home for sale, the siblings changed whom they would support. A new arrangement was made…
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This week I received a call from a relative of someone who died. After expressing my condolences, I asked if there was a will. The answer was the person refused to discuss wills with loved ones. The conversation shifted to me asking, what did this person have…
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