Documents executed in the final years of a person’s life can sometimes take on a testamentary character, making it unclear whether the law of contracts or estates applies.
In order to commence estate proceedings, it is first necessary that all persons essential to the estate receive notice.
Usually, if an asset is not held in the name of a Trust, then the Trust cannot control it. But in some instances, assets can be transferred into a Trust, and thereby avoid probate, after death. This is a huge time–and money–saver for everyone involved.
Recently, the Ontario Superior Court rectified a Will that contained no residue clause.
Where a drafting lawyer has made an error or omission in a will so large that it has the effect of defeating the intentions of the testator, Courts may exercise their discretion to use the equitable power of rectification.
Although summary judgment in a contested probate proceeding historically has been rare, the recent trend has been for Surrogate’s Courts to grant such relief with increasing frequency.
Germany’s 7-1 blowout against Brazil in the World Cup was so improbable that you couldn’t even place a wager in Vegas for it. The Las Vegas Super Book only went up to 4-0. The odds on that result by the way was 60 to 1.
Your will should not be a do it yourself project. Here are some things to avoid doing when it comes to your will.
Listen to Hull on Estates #383 – Testamentary Capacity. Today on Hull on Estates, Moira Visoiu and Josh Eisen discuss testamentary capacity, the necessary element to make a will, and explain Capacity Assessment. If you have any questions, please email us at email@example.com, or leave a comment on our blog page.
When a person challenges the validity of a will on the basis of lack of capacity, it’s standard to obtain the notes and files of the lawyer who drafted the will.