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.
The Substitute Decisions Act governs the appointment of guardians for property. According to section 25, when a Judge orders an appointment for a guardian of property, he or she may “require that the guardian post security in the manner and amount that the court considers appropriate.”
So someone owes you money or promises to leave you part of their estate in exchange for your promise to take care of them…but then they don’t. Well you have a claim against a decedent, but that claim must be acted on quickly. The outside deadline is one year from the date of death, if you fail to act by this time you are FOREVER barred in asserting your claim. And by “forever” I mean forget about the money you are owed for good.
Supported and Co-Decision-making: Law Commission of Ontario Considers Alternatives to Substitute Decision Making
I recently blogged about the Law Commission of Ontario’s discussion paper here and Suzana Popovic-Montag followed up on my post here. Today I want to discuss the third part of the paper, which deals with Ontario’s substitute decision-making systems.
If you are anything like me, your life currently revolves around watching the World Cup. Feuds erupt with longstanding friends over which team is superior, and our roadways turn into the United Nations as cars drive by proudly displaying their affiliations.