Preparing estate documents is one thing. Accessing them is another. Last Monday morning I got a call from an old friend in Vancouver. “My mother’s in the hospital and they don’t expect her to regain consciousness,” he said. “I need to find her Will and the Power of Attorney paperwork she did with her lawyer […]
by Timothy Sullivan What is joint tenancy? Generally speaking, property can be owned either personally or jointly. Joint tenancy is when people own a property together and the right to an individual’s share of the property passes, in equal shares, to the surviving owners. (Tenants in common, on the other hand, see their share of
By Litigation Associate Christine McKeating You may think that if you’ve already written your Last Will & Testament, you have your estate planning completed. However, you may be surprised to learn that Wills are not a single-task to be completed and then forgotten. In general, one’s Will needs period review so that it clearly states your
A topic that many people just don’t consider A recent Ontario Court of Appeal (OCA) ruling that allows a second wife and child to claim support from a deceased common-law husband’s life insurance policy raises some important questions and issues. The ruling overturned a Divisional Court decision that found the second wife was not a “creditor”
It’s not as hard as you think I have to be honest: I’ve been a lawyer for a long time now with the gray to show for it and I’ve always thought November was the best month to be ‘make-a-will month’. The other eleven are also great months to update your Will or get to it the
Avoid family conflict over disinheritance by being upfront There are circumstances in which disinheriting a child may be reasonable, and something that the other family members may support. However, disinheriting children is one of those things that can tear a family apart if it comes as a surprise, revealed only after the parent in
by Timothy Sullivan, Principal We hear it all the time: “I don’t have much, so I don’t need a Will.” Preparing a Will is a conscious effort. From deciding to have one, discussing with your intended heirs, finding the lawyer you’re comfortable with and going through the appointments with a lawyer and the decision-making about
The law is pretty clear – which is why your Will should be, too Lawyers are often criticized for nagging clients (and potential clients, and family members, and friends) about the importance of making a Will, but it’s really just that we know, better than most, the unfortunate consequences of dying intestate. And when you’re
What are the rights and responsibilities of executors? “My cousin wants a car from the estate of our recently-deceased, not-wealthy uncle. One of the executors of our uncle’s will is willing to give him a pretty good price for the car, just to get rid of it, but the other executor says they should sell
This week, our own Timothy Sullivan’s first piece for The Lawyers Weekly covers how lawyers can more successfully manage the sometimes tense situations that arise when common-law partners approach the Wills & Estates process. In the past 10 years, the number of common law couples in Canada has grown at something like four times the
