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FAQ

Common Questions

We understand that estate law can be complex and often raises many questions. Here are some of the most frequent questions encountered by our clients. From understanding the time limits associated with estate matters to knowing your rights in estate disputes, we provide clear and concise answers to help you navigate your legal journey with confidence.

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I want to be an executor or trustee but I can’t afford legal fees or the estate administration tax. What should I do?

If you are named as an executor or trustee in a will and you are also a beneficiary, we may be able to help you. Give us a call to discuss what we can do for you.

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I think that I have a case, but can I afford a lawyer?

We offer contingency fee arrangements for strong cases. This means that we generally will not charge you a fee unless and until you are successful with your case. Our fee can never be more than you win. Call us to see what we can do for you.

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Will the estate matter become contentious if I stand up for myself or my children?

Not necessarily. Sometimes litigation involves quickly clarifying an issue or fixing an omission in a will. The problem may be with the will and not the people involved. We handle matters sensitively and respectfully.

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There is a will, but it was drafted under suspicious circumstances. I think someone acted inappropriately. What should I do?

The will may not be valid and you should consider a will challenge. You will need legal representation for this.

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My husband or wife did not give me very much of the estate. Is this okay?

No. You can choose to receive what you would have gotten had a divorce occurred on the day before the death instead of what the will provides. You need legal advice and representation for this. (read more)

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What if I am not named as a beneficiary in a will?

If you are a spouse, former spouse, or dependent of the deceased, you may be able to make a claim even if you are not named in the will.

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Are there strict time limits in estate matters?

Yes, there are several important time limits. If you wait, your case may become damaged.

Articles

Estate Law Topics

Our articles offer in-depth insights into various aspects of estate law. Written by our experienced legal team, these articles cover a wide range of topics, from what to do when you are left out of a will to why someone would challenge a will and the requirements to make a will valid.

Definitions

Estate Law Terminology

This resource was built to help you understand key terms and concepts in estate law. We break down complex legal jargon into simple, easy-to-understand explanations, ensuring you're well-equipped to discuss your estate matters. When you book a free consultation with us, we'll be happy to explain any of these terms in more detail.

  1. Administration (of a Trust): Matters that are exclusively concerned with the management of trust affairs, including the appointment of a trustee, managing investments, satisfying debts, and making distributions.
  2. Aggravated Damages: Money intended to compensate someone for additional harm caused by reprehensible or outrageous conduct of a defendant.
  3. Annuity: The right to receive fixed and periodic payments.
  4. Assets: In estate law, assets only include the property that could have been available to a deceased to pay the deceased’s debts.
  5. Belongings: All of the testator’s personal property disposable by will at the time of death.
  6. Beneficiary: Persons interested in the estate or trust property.
  7. Bequest: A gift by will of personal property (aka devise).
  8. Capacity: Present when a testator is able to rationally consider the claims of all those who are related to him or her when signing a will.  The testator must understand the nature of will, the extent of the property, and several other elements of how the estate is being divided.  A person must have capacity when a will was signed for that will to be valid.
  9. Codicil: A modification to an existing will.
  10. Coercion: In the context of undue influence means that the testator has been put in such a condition of mind that they would say “this is not my wish, but I must do it”.  If undue influence is present, a will is not valid.
    Constructive Trust: Occurs when the legal title to property is with one person, but the beneficial interest is with another.
  11. Dependant:
    “dependant” means,
            (a)  the spouse (including former spouse) of the deceased,

            (b)  a parent of the deceased,

            (c)  a child of the deceased, or

            (d)  a brother or sister of the deceased,
    to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death.
  12. Estate: A person’s money and property in its entirety at the time of their death.
  13. Estoppel: The principle that prevents one party from representing something to another then later denying it.  The other person must have acted on the representation to their detriment.
  14. Fiduciary: One who stands in a position of trust to another individual.  A fiduciary is required to act in the best interests of the person on whose behalf they are acting.
  15. Four Corners Approach: The intention of the testator is to be taken from the will itself, at least at first, and surrounding circumstances are not to be considered unless the intention of the testator cannot be understood from the language of the will alone.
  16. Fraud: A false representation made, knowingly, with the intention of deceiving another.
  17. Heirs: The beneficiaries of an intestate (without a will) person’s estate who are entitled to receive that property should that person die without a will.
  18. Henson Trust: A discretionary trust intended to preserve a disabled beneficiary’s entitlement to payments made under the Ontario Disability Support Program (ODSP).
  19. Holograph Will: A handwritten will.
  20. Inter Vivos Gift: A gratuitous transfer of property from its owner to another person while the donor is alive and not in the expectation of death.
  21. In Terrorem Clauses: An attempt to divest a party of their inheritance if they try to challenge the distribution under the will.  These clauses are unenforceable.
  22. Intestate: When a person dies without a valid will.
  23. Joint Tenancy: When two or more people hold property held in a joint tenancy arrangement, that property passes to the survivors when one of them dies.
  24. Limitation Period: The period of time, the expiry of which extinguishes a party’s legal remedies, and in some cases, a party’s legal rights.
    –If you do not sue within your limitation period, you may never be able to enforce your rights.
  25. Litigation Guardian: The person responsible for commencing, maintaining, or defending an action on behalf of another person.
  26. Next of Kin: A testator’s nearest blood relations.
  27. Power of Attorney: A person who is authorized to do a certain act or acts in the place of, and on behalf of, another.
  28. Presumption Against Intestacy: The court will prefer an interpretation of a will that avoids intestacy.
  29. Residue: Refers to the part of the estate remaining after payment of all debts, bequests, devises, fees and expenses.
  30. Resulting Trust: Occurs when a person transfers property or contributes to its purchase price and the property is then placed in the name of another.
  31. Specific Legacy: Occurs when the testator separates a particular benefit to go to a specific person unconditionally.  This benefit is not part of the residue, which will be consumed to pay debts first.
  32. Tenants in Common: Co-owners of property.  There is no right of survivorship, meaning that upon the death of one of the owners, the remaining owners will not automatically absorb the interest.
  33. Trust: An equitable obligation binding a person (a trustee) to deal with property over which they have control (the trust property) for the benefit of persons (beneficiaries).
  34. Will: A disposition or declaration by which the person making it provides for the distribution or administration of property after their death.  A will is subject to several requirements in order to be valid.  It includes:
          (a)  a testament,

          (b)  a codicil,

          (c)  an appointment by will or by writing in the nature of a will in exercise of a power, and

          (d)  any other testamentary disposition.

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