Challenges to a Will

There are several ways to challenge the validity of a will. Two types of challenges are a lack of testamentary capacity, that is, the lack of physical or mental capacity to make a will, and suspicious circumstances in the preparing and executing of a will. There are...

Interpreting a Will

There have been many cases in the courts involving the interpretation of a last will and testament. Most often they are battles between beneficiaries for a bigger piece of the pie. Sometimes the fault is the language used in the will and sometimes a clause found in...

Altering a Will

In Ontario, a will, “your last will and testament,” must be in writing and signed by the testator (the person making the will). The testator’s signature must be placed at the end of the will and the testator’s act of signing must be done in the presence of two...

A Lost Last Will and Testament

Suppose you know that your father had a last will and testament before he passed away. You know that he went to a lawyer who prepared the will with the formalities required by the legislation, the Succession Law Reform Act. You know that you were the named beneficiary...

Executor Even-Handedness

The performance of duties by an executor of an estate can sometimes be a difficult task. Difficulties may arise when there is more than one class of beneficiaries under the will governing the estate. Two classes of beneficiaries that are sometimes found in a will are...

Lawsuits Without a Will

Your last will and testament provides for the orderly transfer of your assets to people you want to receive them after you die. Usually, these beneficiaries include family members. Without a will, Ontario legislation provides some protection for the transfer of your...