The Estate Blog

Will Contests in Ontario

What is a will contest? It means asking a court to set aside a will. This means the court would accept an earlier will. The earlier will may be more in your favour. In some cases, you challenge the will hoping you inherit the estate on an…
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Do You Know When to Dispute a Will? Part 1

Have you been disinherited? Were you cut out of a will? Here is some help. I am starting a new series on will contests. You'll get information on challenging a will and probate disputes. If you are an executor, you’ll learn why your role is to be…
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Estate Lawsuits with Common Law Spouses

Let’s look at lawsuits between common law spouses over property. In my thirty years of experience, these cases are bitterly contested. I will explain how a lawyer can attack or defend an estate. The Kerr decision gives a template for common law spouses to resolve their property…
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The Dangers of Jointly Owning Property

Joint ownership of property, even within your family, can create legal problems. Consider – and remember – this story about Karl. He went to a hospital for open heart surgery. Karl decided to put his Florida condo into the names of his four grandchildren. He thought this…
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How Joint Liability Creates Estate Problems

I am talking about Joint and Several liability in an estate context today. Let’s look at the joint liability of executors, or estate trustees, in estates. Next, I‘ll give you dangers you can avoid when making powers of attorney. Estate Executors Let’s say you and your cousin…
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“Joint and Several” True Meaning Revealed

Do you find the phrase “joint and several” confusing? These are dangerous words to misunderstand. They show up frequently in various legal documents. Let me share some stories that reveal the true meaning of these words. Joint means sharing, and in this story it means shared ownership….
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Father’s Day Questions to Avoid Arguments

All happy families resemble one another, each unhappy family is unhappy in its own way. – Leo Tolstoy Here are some tips to avoid arguments over money on Father’s Day. The worst arguments happen when dad (or mom) is no longer in the picture. See which of…
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New Estate Rights for Common Law Spouses

Could you be in a joint family venture? Diane was a common law spouse suffering because of a broken promise. She came into my law office looking for help. She had lived with her common law spouse, Fred, for 14 years. They shared the purchase price of…
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