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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We live in unbelievable times. What can you do to avoid legal battles over your money after you are gone? I’ll give you some tips now. It is true you don’t need to use a lawyer to make your will. However, don’t assume any will you make…
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What are the family law election rights? I’ll explain that in a moment. Here are some practical rules to help you if your married spouse has died. Rule 1 Only married spouses have Ontario family law elections. Common law spouses do not have such inheritance rights. Common…
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You don’t want to choose an executor like Terrible Tony. Tony was his Uncle George’s executor. Tony arranged his uncle’s funeral and lavish reception. He bought a burial plot with an expensive headstone. This was despite everyone’s protests. Uncle George’s sister, Alice, said, “My brother wanted to…
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Are you making a will and need to choose your executor? You’ll probably talk to your friends about who they chose. Get ready to hear some of these common superstitions. Friends may tell you their good luck or bad luck stories. But don’t think their superstitions pass…
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This may surprise you: Not every will is valid. A common question I receive is: Why bother making wills if judges can cancel them? Well, not making a valid will can be the biggest blunder you can make. The trick is to have a legal will. But…
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This is how it happened: Martin’s uncle sent him an email saying he was going to change his will. Uncle Ted told Martin he would change his will beneficiaries and wanted to leave Martin his condominium. Uncle Ted said he would see his lawyer and make sure…
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Can you make your will with Alexa or Siri? Artificial intelligence may take over our lives. Voice activated search may eliminate smart phones and keyboards. Voice activated technology has already intruded our privacy and homes. The answer is ‘No’ to electronically signing wills when it comes to…
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You are brushing your teeth in the morning when it happens. You recall your daughter, Sandra, did not call you on your birthday yesterday. Your blood begins to boil. AGAIN. You know this may be petty. But despite your attempts to control your parental anger, you say…
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This is a continuation from Part 1, which you can read here. Estate Court Probate Process The estate court staff review estate court applications. They check for issues and can request extra materials. If mistakes or incomplete information are filed, the process can be delayed. Original documents may…
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