Mondaq All Regions: Family and Matrimonial > Wills/ Intestacy/ Estate Planning
The case highlights how property can be lost to a claim of adverse possession if it was over-looked in a deceased estate.
Bartier Perry
Recent case highlights power of court to dispense with important legal requirements for Wills to be properly signed and witnessed.
Stacks Law Firm
An appointment to sign a later will was not of itself evidence of an intention to adopt this will without any amendments.
Carroll & O'Dea
This article explains two FAQs about wills and superannuation benefits in an estate.
Carroll & O'Dea
Executors should be mindful of the potential implications of CGT and land tax where the estate includes the family home.
Carroll & O'Dea
You can seek a Court order to dispense with formal requirements for a will and admit the "informal document" to probate.
Cooper Grace Ward
Unless special arrangements are added for the children, the survivor is free to alter their Will after their spouse dies.
Bartier Perry
This article highlights preliminary issues to be considered before developing a succession plan for your family trust.
If the eligibility criteria can be met, the applicant must also show a lack of adequate and proper provision in the will.
Two cases highlight the dangers of failing to sign a will and then seeking probate of informal testamentary documents.
Clark Wilson LLP
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 ("Robledano").
O'Sullivan Estate Lawyers LLP
Advisors with clients who have assets in Ontario should be aware of local probate-fee minimisation strategies.
Spiegel Sohmer
In Jencal Holdings Ltd. v. The Queen, the TCC applied the deemed association rule in subsection 256(2.1) to force the corporations involved to share the $500,000 business limit because tax reduction was held to be...
Clark Wilson LLP
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 ("Quaggiotto") helps to clarify the level of knowledge courts expect a will-maker
O'Sullivan Estate Lawyers LLP
In order to address this, parents should consider a "letter of wishes" to the guardians of their children.
Giambrone & Partners
Every year there are a number of people in the UK with Italian heritage find themselves unexpectedly in possession
Hewitsons LLP
The price of obtaining a death certificate in England and Wales will nearly triple from 16 February 2019.
As anti-avoidance legislation aimed at trusts, is increasing, people are looking for alternatives to protect a family's fortune.
The Dixcart Group has over forty-five years' experience in assisting clients to run and manage Family Offices.
Withers LLP
The news has been highlighting the upcoming wave of initial public offerings (IPOs), and as these successful startups are preparing for their impending major liquidity event, there is tremendous buzz focused...
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Blaney McMurtry LLP
Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order)
Clark Wilson LLP
The case of Gully v Gully, 2018 BCSC 1590 provides useful insight on a peril of putting property into joint tenancy. The decision illustrates the importance of considering the financial status...
M Mulla Associates
Let's look at a situation where a married Hindu female dies intestate leaving behind her self -acquired properties.
Fogler, Rubinoff LLP
The government has not proposed any legislation at this time, so the details of any reform remain vague.
Di Rosa Lawyers
The most common breach of the executor's fiduciary duty is delaying in obtaining probate or administering the estate.
S.P.A. Ajibade & Co.
In Nigeria, the Probate Registry of most States is where all the activities relating to obtaining legal instruments to facilitate the legal administration and management of estates take place.
Miller Thomson LLP
Born in Vancouver, raised in Toronto, educated in New York, graduate degree from England, first job in Hong Kong, transferred to Tokyo, retired in the Cayman Islands.
M Mulla Associates
The Bombay High Court in its decision in Sajanbir Singh Anand and Ors. v. Raminder Kaur Anand and Ors., 2018 (3) BOMCR 740 held that there cannot be a straitjacket formula...
R&P China Lawyers
Inheritance in China is regulated by the PRC Inheritance Law (1985), and a judicial interpretation, also issued in 1985.
Torkin Manes LLP
Many Canadian families with a moderate degree of wealth create a family trust.
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