Estate Litigation

Evidence in Will Interpretation

Wills can be complex, and sometimes interpreting the exact wishes of a Will-maker (testator) can be confusing. What is a beneficiary supposed to do when a clause in the Will is vague or ambiguous? Consider the following scenario: John Doe...

By Merovitz Potechin on Tuesday July 21, 2020.

Filing Clearance Certificates with CRA by Email

Clearance certificates confirm that the estate of the deceased, or a corporation, has paid all the tax, penalties, and interest it owed at the time the certificate was issued. The certificate allows the representative to then allocate assets without being...

By Yasmin M. Vinograd of Merovitz Potechin LLP on Monday July 20, 2020.

Wait, I didn’t mean to gift that! The Doctrine of Unconscionable Procurement

What happens if the person you are providing a gift to tricks you or misleads you into giving it? What happens if you are forced into giving a gift? What happens if you did not understand the implications of gifting...

By Merovitz Potechin on Monday June 8, 2020.

Can Children Challenge a Will on Fairness in Ontario?

Most provinces, including Ontario, will not allow non-dependent adult children to challenge a will on the basis of fairness. However, section 60 of British Columbia’s  Wills, Estates and Succession Act, S.B.C. 2009, c. 13, states that if a will-maker dies leaving...

By Merovitz Potechin on Thursday February 13, 2020.

Creating Multiple Wills in Ontario

The creation of multiple wills may seem complicated during the estate planning process, however it offers many advantages as a tool to handle different assets and to avoid certain fees. Let’s take a look at some of the basics regarding...

By Merovitz Potechin on Wednesday November 27, 2019.

Can You Execute Your Will in Ontario by Blinking?

A decision in the Texas court of appeal has raised some interesting discussions regarding the execution of wills. In Estate of Luce, the Texas court of appeal found that even though the testator drafted his will only by blinking, the...

By Yasmin M. Vinograd of Merovitz Potechin LLP on Tuesday November 5, 2019.