Estates Blog

  • Probating a Holograph Will

    Aug 28, 2018

    As I’ve written previously, everyone should have a Will in place, ideally a Will drafted by a lawyer.Having your Will prepared by a lawyer helps ensure that it is executed properly and that it doesn’t contain any confusing ambiguities, attempt to do something that isn’t possible or legal, or ignore any important issues.

    Although a lawyer-drawn Will is usually best, a Will prepared and...

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  • Follow Up: A Lost Will and the Presumption of Revocation

    Nov 14, 2017

    In my last entry, I described the process of probating a lost Will.  Shortly after I published this entry, a colleague referred me to a recent decision of the Ontario Superior Court of Justice in Ottawa on this very point.  You can find the Levitz v. Hillel Lodge Long Term Care Foundation decision...

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  • Probate Issue: The Lost Will

    Oct 26, 2017

    In the “typical” estate administration file, locating the original Will of the deceased is not difficult.Often this is because the lawyer who drafted the Will holds the document for safekeeping in his or her vault.

    There are a few reasons why lawyers like to keep the original Wills of their clients rather than letting the clients take their Wills with them.One of those reasons?Clients...

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  • Administration Problems: Delay

    Jul 27, 2017

    In my last entry, I wrote about the “typical” estate administration.  In that entry, I noted that making an interim distribution to the beneficiaries early in the process goes a long way towards ensuring an administration runs smoothly.  Sometimes making such a distribution is not possible in the circumstances of a particular estate, but informing the beneficiaries of the reason for the delay...

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  • The "Typical" Estate Administration

    Jun 20, 2017

    When I meet with disgruntled beneficiaries, the most complaint that I hear is “The executor is taking too long to make a distribution to me and finalize the estate.”  In a future entry, I will write about how I might help a beneficiary deal with this sort of complaint.  In this entry, however, I will address how we help executor clients avoid ever getting this complaint from their...

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