25 Tips For Drafting Better Wills and Minimizing Liability

25 TIPS   FOR DRAFTING BETTER WILLS and MINIMIZING LIABILITY   1.        Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about the amount of time needed to prepare a… Read more

Will Set Aside For Lack of Capacity re Delusions Towards Next of Kin

Will Set Aside For Lack of Capacity Re Fawson Estate 74 ETR (3d) 86 is an interesting Nova Scotia case to do with mental delusions that voided the deceased’s last will on the basis that she lacked testamentary capacity. The deceased had no children or… Read more

Court Orders Property Sold

A court may order co owned property sold and stipulate the terms of the sale, especially when one owner is unreasonable. I have previously blogged about the case of Mondonese v Delac Estates at both the trial and appeal levels. The Court had found that… Read more

Mental capacity 2

Court Ordered Medical Examinations

Temoin v Temoin 2011 BCSC 1727 concerned the mental incompetency of an 87-year-old wealthy businessman and a court order sought to have him medically examined. The businessman’s daughter commenced and incompetence proceeding stemming from her discontent with changes made by her father to his will… Read more

Who Are Your “Nieces & Nephews”?

Will Construction re Nieces and Nephews Re Holmes Estate 2007 BCSC 51,  involved a childless testator who was predeceased by his wife . His will provided in part that residue of his estate be “paid and transferred over to all my nieces and nephews” He had eleven… Read more