In most common law jurisdictions, a parent is not obligated to leave an inheritance to a child if that child was not financially dependent at the time of the parent’s death. There are various reas...
Does a Creditor of the Deceased Have Standing to Intervene in Probate Applications?
Magnotta v. Magnotta, 2020 ONSC 316, is one of those cases that is doubly unfortunate. The circumstances were unfortunate for the participants. Secondly, the ruling in the case may have unfortun...
The Pitfalls of Joint Tenancy in Estate Planning
Joint tenancy is a legal principle that applies to both real estate and to personal property such as bank accounts. It means that two or more people are designated as joint legal owners. If one of the...
Contesting a Will in Ontario / Will Challenges in Canada – Read Rogerson Law’s Answers to Frequently Asked Questions
1) How can I contest a will and win? A: You may be shocked and hurt because you have been left out of the will of a close relative, or you received much less than your brothers and sisters. The mere f...
The Importance of Having A Will
Martin was 56 when he was diagnosed with prostate cancer. A successful oil company executive, he had married his glamorous wife when he was thirty. She was ten years younger than him and had briefly...
Why Make A Will?
As the saying goes: “Nothing in life is certain – except death and taxes”. To this, we would add: “If you don’t make a Will, your assets may not be sufficiently protected when you die.” ...
Trusts – Asset Protection & Bankruptcy Law
By Andrew Rogerson LLB (Hons) TEP Historically, trusts evolved as a means of protecting assets. This was achieved by having another trusted person hold legal title of assets on behalf of (or in trust ...
How powerful is an estate trustee?
An estate trustee (executor) is the true owner of a property of which he is trustee and, therefore, can effectively act like the true owner, according to a ruling that has been greeted with dismay in ...
Increase in estate litigation
Litigation surrounding wills and estates has increased in recent years, causing misery for already grieving relatives, and resulting in major costs consequences for the parties involved. The estate li...