Can I Write My Own Will?
I was recently asked this question and thought the recent news of Larry King’s family’s swift turn to litigation over his estate after his passing on January 23, 2021, was a great example of why writing your own will may not be the best idea. So, can you write your own will? Why, yes you […]
Proposed Changes to Ontario’s Wills and Estates Law Under Bill 245
On February 16, 2021, Attorney General Doug Downey introduced to the Ontario Legislature Bill 245 – the “Accelerating Access to Justice Act”. Having been carried through First Reading, the Ontario Government proposes some notable changes to Ontario’s wills and estates law: Virtual signings of wills and powers of attorney Bill 245 proposes to permanently codify […]
What is Estate Planning?
Generally when you hear the words Estate Planning, we think of a Will and Powers of Attorney. We also tend to think of this as a task for those individuals in their mid to late years of life, who have a vast array of assets. However, estate planning is not reserved for just those individuals […]
Ambiguous Wording in Will Has Court Grappling With Question of Life Interest vs. License
Will interpretation cases are always interesting and serve as an important reminder to use great care when drafting estate planning documents. Barsoski v. Wesley was an application for directions in which the interpretation of the Will for a determination of the proprietary interests of the respondent, Robert Wesley, was at issue. Diana Barsoski was a […]
Discussion re: Munro v. James (BCSC) Francis J.
The BC Supreme Court released a decision in 2020 that speaks to the somewhat unusual situation of a testator who has contracted away her right to change her will, even more unusual in its coming to light while all parties were still alive, and with the particular terms of the agreement. In this case a […]
Give a Little, Get a Lot!
Let’s put aside the first misconception about legacy giving and clarify that you do not have to be wealthy to leave a legacy! Legacy giving can be for everyone. According to the Charities Directorate of the Canada Revenue Agency (CRA) there are more than 85,000 registered charities in Canada. A list of all registered Canadian […]
The Costs of a Gift of Real Property
When giving the gift of real property, whether it be through a life interest or as an outright gift, it is important to give due consideration to how the expenses and liabilities that go along with the property will be dealt with after death to ensure your gift is carried in the way you intended. […]
November is Make a Will Month – Do You Have Your Estate Plan in Place?
Your Estate Plan Let’s first address the elephant in the room! Dying. You will die, I will die, we all will die. It may not be tomorrow, or next week, or for many years, but the trouble is, we often do not know when the inevitable will hit. Yet, we are reluctant to talk, let […]
Is Paper the Way of the Past? British Columbia Proposes Legislation for Electronic Wills
COVID-19 has brought about various emergency orders permitting virtual witnessing of wills and powers of attorney in Ontario and other provinces. As things start to open up we begin to question if some of the emergency measures are worth retaining or will we revert back to the pre-pandemic ways of executing and witnessing wills and […]
