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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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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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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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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Problems can occur whenever someone else must try to interpret what you want done. If you don’t bother making an estate plan, the government will provide one by default. Their idea of what happens to your money leaves no room for your personal wishes, tax savings or…
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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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Even if you can answer that question, you still have to make sure you provide adequately for all your dependants. What is adequate support? Likely only an estate lawyer or judge can answer that. And you don’t want to ask a judge. If you don’t provide adequate…
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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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