Will Executed While Testator Was "Drinking Heavily" Declared Invalid
The test for whether a person has the capacity to create a will is whether, at the time the will is executed, the person understands and...
2 Easy Tips To Prevent The Government From Getting Your Assets When You Die
Currently, experts estimate that there are approximately 5 billion dollars in forgotten assets in Canada. These are assets where the...
What Happens If An Estate Has More Debts Than Assets?
What happens if the estate trustees find out that the estate doesn't have sufficient assets to pay its creditors? Who gets paid first?...
Passive Trustee Equally Responsible With Dishonest, Wrongful Trustee
If you are named as an estate trustee along with another more sophisticated, experienced individual you may not sit back and rely on...
Wait Until the Coffin Is Closed Before Trying To Remove An Estate Trustee
What happens if you expect to inherit under an existing will but believe that the estate trustee will create problems. Are you required...
This Estate Trustee Must Go?
I have written before questioning whether being named as estate trustee is a headache or an honour. https://www.linkedin.com/pulse/honour...
Purchase v Gift: Inter-generational Wealth Transfer Is Cautionary Tale For Lawyers
A recent Ontario Court of Appeal decision provides a cautionary tale for lawyers who provide estate planning and tax restructuring advice...
Trustee Might Pay Personally For The Failure to Meet Estate Obligations
I have written before that being named an estate trustee might be more headache than honour. See: https://www.linkedin.com/pulse/honour...
Common Law Spouse Not Mentioned In Will; What Now?
Almost everyone expects that, absent separation or estrangement, a married spouse is entitled to share in his or her deceased spouse's...
Honour or Headache? Considerations If Named As Estate Trustee
As first blush, it seems like an honour; the will of a friend or family member names you as estate trustee. The deceased has named you,...