Is it better to be a legal or beneficial owner of an asset? It is a simple question. But you may be surprised that most people don’t know the difference – and it can cost them, big-time. Let’s rephrase this question: If your name is on a…
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You are likely still grieving from the loss of a loved one. If a loved one dies, you may be involved in their estate. You need to know there are now strict time limits that can cancel your rights. This post is not legal advice but for…
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Here are factors courts consider before giving directions to contest a will. Courts have duties to the deceased will maker who is not before the court. 1. Personal DisclosureThe deceased person cannot argue against the release of their private medical, financial, or legal files (disclosure orders). Usually,…
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What does a threshold have to do with losing your inheritance? If you have been disinherited by a will, then you need to know something about thresholds that are used in estate cases. Ontario courts now require that you have a minimum of evidence to contest a…
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In our post-pandemic world, it often seems like there are no rules for anything. It reminds me of the Cole Porter hit everyone knows, “Anything Goes”. But anything goes is not the rule when it comes to making your last will. Do you know what your moral…
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Are you involved in an estate lawsuit? You’ll want to know who ultimately pays for your legal fees (costs). It’s a simple question. Let me make my answer simple. Courts follow a two-step process to decide who pays costs. A recent Ontario Court of Appeal decision explains…
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Challenging a person’s last will successfully is becoming more difficult. This is based on my review of recent Ontario court decisions. Signs of dementia by the will maker do not automatically mean the will is invalid. Courts must uphold a person’s testamentary freedom to make their wills….
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Lack of testamentary capacity can invalidate a person’s last will. I will explain “testamentary capacity” or TC. Will challengers need to provide courts with evidence to show a person lacked TC to set aside wills. You may find evidence of suspicious circumstances in a person’s last will….
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Are you losing sleep because you lost an inheritance? You may be upset because you were cut out of the will. Rushing off to the court may not be best thing to do. I’ll explain three costly mistakes you don’t want to make. Will disputes are complex,…
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Do you expect to inherit a joint bank account? Then you’ll want to know what happened to Wendy. Wendy needed to a lawyer to fight for a joint account she held with Larry. When Larry died, Wendy thought she would inherit the $64,000 in their joint account….
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