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Recent Blog Posts

 

Challenging a Will

Capacity - The Dangers of a Younger Wife
Dealing with vulnerable elderly people is difficult for all concerned. Even well meaning good children who act in the best interests of their parents can find themselves in difficult situations.

Undue Influence

Suspicious Circumstances - Grounds for Challenge
One of the basis for challenging the validity of a Will is the allegation of undue influence. If there are suspicious circumstances surrounding the testator then the normal presumption, that a Will is valid if properly executed, is rebutted and it is up to the person claiming that the new Will is valid to prove that there was no coercion or undue influence on the testator.

Formailities - Maybe Maybe Not
The message to those making Wills in Ontario is unmistakable. Those who ignore the formalities set out by the Succession Law Reform Act invite estate litigation after their demise.

Religious marriages status in Ontario law
Does only a religious marriage ceremony give Esther any rights to Harry's estate?

Second marriages and protecting your children

Is disinheritence because fo sexual orientation legal? - Will a Canadian court vary or set aside a will when a parent disinherits a gay / lesbian child because of his/her sexual orientation> The may be different depending on the province.