There are different ways in which a testator can make changes to their last will and testament. For example, they can choose to make an entirely new will, they can execute a codicil which often changes certain paragraphs in the will, or they can make an “alteration” to their will. Alterations are commonly made when
In estate litigation, it may sometimes be necessary to obtain expert opinion evidence on a certain issue in order to assist the Court with making a determination on that issue. For example, if an estate trustee of an estate failed to invest estate funds or did so improperly, an expert report may be obtained to
After someone dies, the questions can sometimes become: who is allowed to live in their house? While the answer may be more straightforward for married spouses or for houses owned in joint tenancy, for example, that may not always be the case for common law spouses where legal title to the deceased person’s house was
In October 2023, my colleague Karen Watters wrote about the addition of section 21.1(1) to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 21.1(1) provides the Court with the power to validate a will or a document as valid and fully effective even if it does not comply with the regular
When executing a power of attorney for property, a person is free to choose whoever they want to act as their attorney for property when the time comes. However, it can sometimes be the case where a person’s named attorney for property, even their own family, take advantage of their position of power, and begin
