Category: Wills and Estates and POAs

Provisional good news: a separate judge has rejected Milne Estate

In Panda Estate (Re), 2018 ONSC 6734 (CanLII) As the reader will recall, the Milne Estate decision said that a multiple will basket clause failed because — according to Dunphy J. in Milne Estate — a will is a form of trust and that, in order for a will to be valid, it must create […]

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“WILL CHECK” – A Will Registry and Search Service

One of the more difficult things for beneficiaries or potential beneficiaries of a deceased individual is to find out if a deceased had a Will, and where it is. This is even more difficult where the deceased has lived in multiple jurisdictions, or the lawyer who held the Will has died or retired, or where […]

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Two good articles on the Milne Estate decision

“What Is a Will and What is the Role of a Court of Probate?” Albert Oosterhoff, Whaley Estate Litigation Partners, September 26, 2018 “A Problem Crying out for an Early Resolution” Donald Carr, Aird Berlis, November 13, 2018

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Urgent news re “multiple wills”

URGENT NOTIFICATION re MULTIPLE WILLS AND THE MILNE ESTATE[1] DECISION  What are “multiple wills”? Where a testator prepares more than one will for his estate.  The “Primary Will” covers assets that require probate, and is submitted to the court to obtain Letters of Administration; estate fees are paid on those assets.  The Secondary Will contains […]

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What is a “constructive trust”?

Normally, when we think of a trust, we think of one specifically and deliberately set up: a trust fund for one’s children, for example.  This is an “express trust”. A “constructive trust“, however, is one which is a court declares exists or imposes onto parties despite the fact that there wasn’t a specific intention to […]

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“Begin With the End in Mind: The 6 Steps of The Estate Planning Process”

Daniel Collison provides a useful 6-step guide to thinking about estate planning in “Begin With the End in Mind: The 6 Steps of The Estate Planning Process”. His points: Establish and Secure Retirement Lifestyle Goals Determine and Minimize Estate Taxation Determine Estate Beneficiaries Formulate Distribution Strategies Protect Estate Value Formalize Estate Documentation The entire article […]

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“Four Ways to Find out if the Deceased had a Will”

“Four Ways to Find out if the Deceased had a Will”

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“Married vs. common-law rights in estate matters”

Paula Kulig of Shinehoft Law in Toronto provides an excellent summary of things you need to know about estate matters in living together vs. being married. “Married vs. common-law rights in estate matters”  

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Can your will be made to survive a future marriage?

The short answers are: if you are making a will in specific contemplation of a specific marriage, yes; if you are making a will which contemplates the possibility of some unknown future marriage, no. Section 16 of the Succession Law Reform Act R.S.O. 1990, c. S.26 mandates that any will made before marriage is revoked […]

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SCC won’t hear BMO v. Spence appeal

Jacqueline M. Demczur of Carters notes that the Ontario Court of Appeal decision of Spence v BMO Trust Company will thus stay the law in Ontario.  “The Spence Case arose out of a dispute between Eric Spence’s estate and Verolin Spence, Eric’s daughter (“Verolin”), when Verolin was excluded from Eric’s Will. The claim made by Verolin was that […]

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