Tag: Will

Using Video Conference to Witness Wills and Powers of Attorney

Until April 7, 2020, all non-handwritten Wills required two witnesses to be physically present in the same room as the will-maker to sign the Will. Failure to comply with this requirement would render the Will invalid. It is of no...

By Merovitz Potechin on Wednesday April 22, 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.

Will Planning to Avoid Disputes

Families are complex and the dynamics that can occur when it is time to divide the assets left behind by a loved one can be challenging. This is especially true if there is no will to use as a guide,...

By Merovitz Potechin on Wednesday November 20, 2019.

Creating a Will for Young Families

Creating a will is a smart way for young parents to secure their estate in case of unforeseen events. Estate planning is not simply something that should be done once you are retired or your kids have moved out of the...

By Merovitz Potechin on Tuesday November 12, 2019.

Introducing Medical Records in a Will Challenge

Can you use medical records to prove that a family member lacked mental capacity when they made their Will? In cases where a Will is being challenged on the basis that the will-maker lacked capacity, litigants will frequently attempt to...

By Merovitz Potechin on Thursday July 4, 2019.

Incapacity is Not Synonymous with Dementia

What is Capacity? A drafting wills lawyer is tasked with the role of carrying out a legal assessment of their client's capacity to make a will. In Ontario, to have capacity to make a will, one must have the ability...

By Merovitz Potechin on Thursday March 21, 2019.