Category: Wills and Estates and POAs

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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