Estate Law

 

Support & Dependants Relief

In Ontario while a person may provide in a Will as to who would be the beneficiaries of his or her estate, there are limits on that right. A person has an obligation to ensure that there are adequate provisions for the support of his or her dependents.

 

 

Contested Wills

To be valid, a will must express the wishes of the testator with respect to the distribution of his or her estate upon death in writing.

 

 


 

Family Law Act Claims

When death causes the separation of spouses, the Family Law Act provides certain rights to a surviving spouse. Whether an estate passes pursuant to a will (where there is no will), intestacy or a partial intestacy.

 


 

Trustee Disputes

While a personal representative named in a will cannot be forced to take on this responsibility, once an individual has commenced acting as an executor and trustee,

 

 

Wills Interpretation

On occasion the intentions of the deceased person as expressed in his or her will are unclear. This may be a result of poor drafting or a change in circumstances following the signing of the will that was not contemplated by, or dealt with, in the will.