What is Formal Proof of Will?
Formal proof of will is one way of proving the validity of a will. The process of formal proof of will may be used where the validity of a will is contentious.
Viewing Publications Categorized "Will & Estates"
What Does it Mean to Die Intestate?
To die intestate means a person dies without a will. A person may die intestate if they do not create a will, or if the will they created is invalid. Further, a person may die completely intestate or incompletely intestate.
A Gift in Life or in Death?
Beatrice Roberts was an independent woman who managed her own finances and did so carefully. When she died, she wanted to divide her estate equally between her four children and one grandchild. However, she also set up a tax-free savings account (TFSA) and designated just one of her children.
A Rule to Be Aware of When Drafting a Will
In Goss Estate (Re), 2020 ABQB 121 a testator prepared his own will and attempted to create trust that would not be gifted to anyone but instead exist in perpetuity. This case demonstrates what will occur if a trust is found to violate the rule against perpetuities.
Be Clear With Your Will
Judges look at a will very closely to understand what a will says. If they cannot understand what the testator wanted, Courts may have no choice but to proceed as if the confusing words or clauses did not exist
To Vary a Trust
A trust may be created within a Will, commonly known as testamentary trusts, or outside of a will, which are referred to as inter vivos trusts.
A Court’s Ability to Rectify a Trust Instrument or a Testamentary Trust
A trust may be created within a Will, commonly known as testamentary trusts, or outside of a will, which are referred to as inter vivos trusts.
Settling an estate and dealing with family conflict is never an easy experience.
Losing a parent is never an easy experience. Settling their estate and dealing with family conflict can make it harder.
What’s the Value in a Video?
Testators beware. Even having a solicitor record a video of testamentary wishes may not be enough to prevent a challenge to the will.
Disinherited. A Grandchild Scorned?
Finding out you have been disinherited can be a painful experience. The appellant in Logan Estate (Re), a 2021 case from the Court of Appeal of Alberta, must have thought so when she found out she was cut out of her grandmother’s will. However, not all was as it first appeared.
