Wills - NoticeConnect Blog

30 March 2020 TAGS: Wills

Case Brief - The Rule Against Perpetuities

In Goss Estate (Re), 2020 ABQB 121, the Court of Queen's Bench of Alberta considered whether provisions of a will violated the Rule Against Perpetuities.

5 March 2020 TAGS: Wills

3 Things to Consider Before Contesting a Will

Contesting a will can be a long and exhausting process along with an emotional and financial burden for you and your family. In some situations though, it is necessary. Here are some considerations if you're contemplating a will challenge.

25 February 2020 TAGS: Case Law

Case Brief - Mental Health and Testamentary Capacity

In Leonard v. Zychowicz, 2020 ONSC 662, the Superior Court considered the case of a will challenged on the grounds that the testator's history of bipolar disorder meant she lacked testamentary capacity.

13 February 2020 TAGS: Wills

Your Will Checklist

Preparing a will can seem like a daunting (and dark) task to tackle, but really it is the best way to ensure that all your bases are covered and accounted for. Preparing a will that is clear, detailed, and can be located provides security for you and your loved ones.

4 February 2020 TAGS: Wills

Planning For Your Digital Assets

Simply put, Digital Assets can be anything stored on a physical device or on the cloud. Anything from an online account to a digital camera can be a digital asset.

16 January 2020 TAGS: Case Law

Case Brief: Disinheriting your only living heir

In Re Vaudrey, 2019 ONSC 7551, the Superior Court of Justice considered a case where a deceased individual's only living heir was expressly disinherited by the will.

21 November 2019 TAGS: Case Law

Case Brief - A disinherited granddaughter challenges two wills

In Balanko v. Logan De Chavez*, 2019 ABQB 860, the Court of Queen's Bench of Alberta considered the case of a disinherited granddaughter who challenged two wills.

19 November 2019 TAGS: Discussion

Q&A with Kavina Nagrani, JD, TEP

We caught up with estate lawyer and longtime NoticeConnect advisor Kavina Nagrani this month.

21 October 2019 TAGS: Wills

Register your own will on the Canada Will Registry

The Canada Will Registry isn't just for law firms and trust companies. Anyone can use it to register their will and ensure that this important document is found when it's needed.

15 October 2019 TAGS: Wills

Is your firm using a spreadsheet to keep track of its wills?

Many firms keep a list of their wills in a spreadsheet or a binder, but is this the best way to keep track of your wills? The Canada Will Registry comes with powerful features that make it easy to stay organized.

22 September 2019 TAGS: Wills

Three Reasons to Search the Canada Will Registry

NoticeConnect's Canada Will Registry is open for searches. Searching our database of 100,000 wills is a vital step for estate administration. Here are three reasons why searching the Canada Will Registry should be part of your estate administration checklist.

17 September 2019 TAGS: Wills

Five Unusual Wills

Your will doesn't have to be boring. Here are five last wishes that are anything but ordinary.

15 August 2019 TAGS: Case Law

Case Brief - Testamentary Capacity and Second Languages

In Silano v Silano, the Superior Court considered a will challenge involving an Italian-speaking testator who made a substantial change to his will shortly before his death.

6 August 2019 TAGS: Wills

Five Reasons Why You Should Register Your Clients' Wills

NoticeConnect launched the Canada Will Registry, which allows law firms to register the wills and codicils in their vaults at no charge.

22 July 2019 TAGS: Estates

Estate Plans of the Rich and Famous

Here are five billionaires with philanthropic estate plans.

12 June 2019 TAGS: Wills

Estate Planning in Ancient Egypt

Writing a will ensures that you have a say over how your estate is handled after you die. This is nothing new. The oldest known will was created in Ancient Egypt.

21 May 2019 TAGS: Wills

Types of Powers of Attorney (in ON, AB and BC)

A Power of Attorney (POA) is a legal document where you provide someone with the authority to make decisions for you in the event that you are no longer able to handle your own affairs.

13 May 2019 TAGS: Wills

Holographic Wills and Handwritten Alterations to Wills

It is common for people to change their mind about the terms of their will. While going back to a lawyer to make amendments may seem taxing or expensive, not going to your lawyer can result in complications.

18 April 2019 TAGS: Wills

When can a will be signed by someone other than the testator?

One of the formal requirements of a valid will in Ontario is that it is signed by the testator or by some other person in his or her presence and on his or her direction. This means, that a will may be signed by an agent, or by amanuensis.

11 April 2019 TAGS: Estates

Case Brief: Challenging a will because of a "material mistake of fact"

In Cavanagh et al. v. Sutherland et al., a mother had made a will disinheriting one of her six daughters. After the mother died, this daughter argued that the will was invalid because the mother's decision to disinherit her was "contingent on a material mistake of fact."

4 April 2019 TAGS: Wills

Marriage and the Revocation of Wills

If you have executed a will before getting married in Ontario, it is automatically revoked upon marriage. This means, the entire will is invalid. One way to avoid this is to make a will in contemplation of marriage.

26 March 2019 TAGS: Wills

It's easy to register your entire will vault on the Canada Will Registry

We're launching the Canada Will Registry this May. Your firm can start preparing to register its entire will vault in one bulk upload. Registration is simple, free, and beneficial to you and your clients.

25 March 2019 TAGS: Wills

Electronic Wills

For many decades, the formalities associated with wills have undergone little modification. With the rise of technology and the use of apps for just about everything, the rise of unforeseen circumstances for probate courts to confront is a new reality.