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Deathbed Wills: risk areas

It’s never too late to make a Will, but it’s always better to do it as early as you can. In many cases, it’s not uncommon for an individual to realise they need to make a Will when they know

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Cheap Wills: worth the risk?

In this age of advanced technology, it is easier than ever to get a cheap Will drawn up. Just by typing in a few details, you can quickly get a Will downloaded – all for around $100 or so. Whilst

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What are the Legal Requirements for Signing a Will?

A properly drafted will is a legal document which is legally enforceable by the executors and beneficiaries under the will. As with any legal document, it is only valid if properly executed in accordance with legal rules. Great care must

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DIY Wills: a risky move

One of the most important things anyone can do in their lifetime is protected their family and loved ones by making a will. Yet despite the importance of a well thought out will, many people go ahead and make their

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Foreign Trustee Company Approved as Estate Trustee – Despite Registrar’s Initial Refusal

Rogerson Law Group has successfully secured an order allowing the re-issuance of an overseas appointment, as estate trustee, of a foreign (Bermuda) trust company in Ontario, under a confirmation by resealing of a certificate of appointment.  This win is significant

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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.” Everyone should make a Will. 

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Potential Estate Disputes: Parent-to-Adult Child Transfers to Joint Accounts

What happens to joint bank accounts and jointly owned property when one of the co-owners dies?  The answer is not entirely straightforward and depends on whether it is property, or whether it is money and other types of investments –

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Estate Planning: segregated funds to reduce costs

The administration of a deceased estate can be an expensive business, but using the segregated funds tool can be a valuable method of protecting the value of your estate on death. By law, a final ‘terminal’ tax return must be

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Estate Administration: who gets paid what?

Lawyers can never underestimate the importance of understanding the importance of an Executor’s role and legal duties when dealing with the administration of an estate.   We set out briefly the important legal duties of executors here.   It can be

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Choosing a Will Executor: talk to them!

One of the most important things you can do when making a will is to appoint a will executor. Your executor (also known as an Estate Trustee) will have the task of undertaking the probate and administration of your estate

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Wills: when will the court order rectification?

A Will is a formal legal document setting out the testator’s wishes in respect of who is to inherit their estate.  When the testator dies, the executors and trustees must administer the deceased’s estate in accordance with the terms of

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Is probate always necessary? Find out when to Probate a Will

Not every Will needs to go to probate. A common question frequently raised our many clients and others is – does my loved one’s estate needs to be probated? What is probate? Essentially, probate is the process through which the

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International Estates: what you need to tell your Estate lawyer

The international nature of society today means an increasing number of deceased estates have an international element.  Families are frequently spread across different countries; the deceased’s assets are sometimes located in another jurisdiction; or the deceased themselves lived in another

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Estate Litigation: which country’s law applies?

Deceased estate disputes are inevitably difficult for all parties involved, but where estate litigation involves other jurisdictions, disputes can get particularly complicated and costly.  However, some welcome clarification has emerged from the courts concerning when a country may have jurisdiction

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Mutual wills v Mirror Wills: what’s the difference?

An issue that can confuse some couples considering making a will is that of mutual wills and mirror wills.  So what are they? What are differences? And what does it mean for you?   The expert wills lawyers at Rogerson Law

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Powers of Attorney: what if you don’t have one?

With an aging population, mental capacity has become a critical issue for many individuals – particularly the older generation facing the reality of struggling to deal with their own property and personal affairs.   The reality is that there is consequently

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Estate Dispute Case:Transferring Property: gift or ‘resulting trust’?

Transferring land or property into the names of the existing owner and another can be fraught with difficulties, as a recent estate dispute case demonstrates.  Unless great care is taken, litigation can follow – even after the death of one

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Don’t Delay Making Your Will: protect your assets and loved ones

More than half of Canadian adults don’t have a will in place if the most recent figures are anything to go by. Many people delay making a will for the primary reason that it means facing the inevitable: their own mortality.  The wills and

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Everyone Should Make a Will

If you’ve never considered making a will, consider making one now and keep control over your assets.  Every adult should have a will to protect their estate and ensure their loved ones are provided for. No one knows when they

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Capacity to Draft a Will: a critical factor

Everyone should make a will.  However, an individual must have what is known in law as ‘testamentary capacity’ in order to draft a valid will – that is, a will that is legally binding.  In essence, this means the individual must

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