Making a living will is probably not as much fun as filling up a baby registry when you’re a new parent. It might, however, be the first step toward becoming a parent. There’s no right or wrong moment to prepare a living will. Even so, putting one together as soon as possible, especially if you …
Read MoreFans of the British royal family are celebrating the arrival of the 7th in line to the British throne, and even some of us here in the colonies will admire the paparazzi pics of baby Sussex and speculate about what his first name will be. It seems unlikely that this Little Prince will be born …
Read MorePart Two of my article on what estate and trust practitioners should know about family law. http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-2-1.html
Read MoreHave a look at the first part of my article on what estate lawyers should know about family law: http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-1-1.html
Read MoreWhat happens when a signed, valid copy of a will cannot be located after an individual passes away? Sometimes a copy of a will can be found, but it it is not signed, and therefore its validity comes into question. Other times, a deceased’s will cannot be located at all. If a will can be traced …
Read MoreIn November 2016, the Court of Appeal for Saskatchewan released its decision in an estate law case (Bachman v. Scheidt Estate) in which the daughter of the deceased sought to have her father’s will proven in solemn form. She alleged that the deceased did not have the necessary testamentary capacity to execute the will in question, …
Read MoreWe’ve previously highlighted the importance of drafting a legally binding will in the Wills and Power of Attorney section of our website and in our blog on Mutual Wills. A will gives you control over the distribution of your assets, the ability to select Estate Trustee(s), and the opportunity to address guardianship and inheritance matters with …
Read MoreWhat happens if the words in a will seem to contradict statements made by the deceased prior to his or her death? The Ontario Superior Court of Justice examined this issue in a recent case (Royston (Trustees of) v. Alkerton). The Facts The deceased was the mother of five children (Michael, Peter, Laura, Alan, and …
Read MoreThe Ontario Superior Court of Justice recently looked at the concept of mutual wills in a case where a wife changed her will after her husband’s death to exclude her stepchildren from the inheritance. The Facts Alf and Ruth Roussel began cohabitating in 1985 and married in 1997. Each had two children from previous relationships. …
Read MoreInheritance in Divorce: Ontario’s Family Law Act Under Ontario’s Family Law Act, when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the increase in value of property acquired during the marriage, subject to certain exceptions. This is known as the “right to equalization.” The right to equalization …
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