Creating a Last Will and Testament is a significant responsibility, allowing individuals to dictate how their assets will be distributed after passing. In Ontario, like other jurisdictions… Read More

A Last Will is a legal document allowing Ontario’s individuals to dictate how their assets and estate should be distributed after their passing. However, the validity of a Will can be… Read More

 People set up wills to ensure the orderly distribution of their assets after they are no longer capable or alive to allocate or divide their assets. However, even with the best intenti… Read More

Contesting the validity of a will can be a complex and emotionally charged process. In some cases, there may be concerns about the authenticity, legality, or fairness of the will, leading in… Read More

The Briginshaw principle is derived from obiter remarks of Dixon J in Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336; To be reasonably satisfied of a matter the Court may be affected by t… Read More

The validity of a will can have significant implications for the beneficiaries, potentially depriving them of their rightful inheritance. However, beneficiaries have legal recourse to challe… Read More

Will and Estate Lawyer in Virginia Contesting a will in Virginia can be a complex and tough process, but it may be essential if you trust that a will is invalid or does not accurately reflec… Read More

What happens to your estate after you’re no more? Everyone wants their assets to be distributed properly between their rightful heirs after their death, and creating a will can make th… Read More

“Darkness and suspicion are common features in will cases: the truth too often is the secret of the dead or the dishonest. Because it is often difficult, and sometimes impossible, to… Read More

The Court awards a successful party in litigation the “usual order as to costs” which includes the costs incurred preparing for litigation with the unsuccessful party paying the… Read More

In a previous post, we blogged about the requirements for a valid will. One of those elements is testamentary capacity, meaning that the will-maker must have the necessary menta… Read More

Disputes over wills frequently involve the “unholy trinity”: testamentary capacity, eligibility to claim and  whether proper provision has been made for a party. A recent de… Read More

Milan Zlatevski died in May 2015 aged 85 leaving a will made on 15 October 2013 (“the 2013 Will”) appointed his daughter Nada Geroksa executor and sole beneficiary of his estate… Read More

Written by:  Tucker Arensberg, P.C. Far too frequently individuals and their family members find themselves in a situation where they need the authority to step into the shoes of a fr… Read More

Neda Bilich died in March 2007 aged 90, her husband of 53 years, Ljubomir, predeceased her by several weeks. Their only child had died in 1958 as a young child. Neda made a Will in November… Read More

John Flanagan died on 18 February 2020. In a draw of John’s desk, a sealed envelope was found addressed in his handwriting with the word ‘WILL’ .  The en… Read More

David Lewis and his brothers Peter, Roger and Hugh had a history of conflict and estrangement which renewed around March 2012. Background In May 2010 Pamela Lewis instructed her solic… Read More

By Quentin Fottrell ‘After suffering elder abuse by two siblings, she moved in with me a year ago, and is now under professional guardianship/conservatorship&rsquo… Read More

Defending estate litigation can be extremely stressful. You have recently taken on the role of estate trustee or executor and are concerned with what challenges lie ahead. Aside from worryin… Read More

Melville Gooley, died on 23 December 2017. Two of his daughters Aleta and Melinda were named as the executors of Melville’s Will dated 18 July 2014 (the 2014 Will). Following Melville… Read More

Legal Tips & Resources After you die, it is possible that one of your heirs, or someone who thinks that he or she should be an heir, could challenge your will. However, challenging a… Read More

The plaintiff (“M”) and  Andrew Moffa were appointed executors and trustees in a Will made in November 2016. M sought a grant of probate. A beneficiary of the Will lodged a… Read More

What happens when a signed, valid copy of a will cannot be located after an individual passes away? Sometimes a copy of a will can be found, but it it is not signed, and therefore its validi… Read More

Whatever the reason may be, many put off estate planning.  Often times, we receive a call from someone stating their loved one has dementia and has no legal planning documents in p… Read More

The basics of undue influence. What is Undue Influence? Undue influence is considered excessive persuasion where the intent of the victim is replaced with the intent of the wrongdoer. To pr… Read More

President Calvin Coolidge, a man known for brevity, wrote a total of 23 words of dispositive instructions in his will, which was handwritten on White House Stationar… Read More