In fact, it could make things worse. I have a lot of clients who ask about adding a child on to their house or a vacation property in order to avoid probate taxes. Usually, this is a bad idea. For one specific reason, it is often a very expensive idea. Even if the...
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Estate Planning
Update your documents when you update your life
In 1968, David and Sharon Johnston bought a house in Vancouver for $37,000.00. They purchased it as tenants in common, which meant that they each owned a 50% share that would fall to their estates on their deaths. A few years later, they separated and David moved out;...
Will drafting for single people
I have written before on the importance of estate planning if you are newly separated or divorced and if you are common law. There are also special considerations if you are single. For your will, you will need to think about who is best suited to be your executor,...
Avoid some of these common will drafting mistakes
Here are some of the most common issues I see that you should do your best to avoid in order to make life easier for those left behind: Thinking you are too young. Once you are 18, you are old enough to have a will in place. Having a will is always easier than not, so...
Where is your mother’s will?
For most people, the answer is “I don’t know.” Same goes for dad's will. In fact, most people do not know whether their parents have even made wills, and if so, what is in those documents and where they might be. A will is only useful if you know where it is. There...
The perils of homemade wills (and wills done by lawyers who don’t draft wills regularly)
I hear it all the time: people want to get their wills done, but are concerned about the cost. I get it; I do this for a living, and I know that it’s not cheap, especially when compared to a will kit. It sometimes can also be cheaper to get your friend the family...
What marriage means for estate planning
I am on a mission: to make people understand that, as far as estate planning goes, marriage and common law are two entirely different things. In our society, there is not a huge amount of difference between couples who live together unmarried and couples who have...
A will that was contrary to public interest
A while ago, there was a lot in the news about a will that was being contested because it was contrary to public interest. In a nutshell, Robert McCorkill had willed his coin and artifact collection valued at $250,000 to the National Alliance, an American white...
What exactly is probate and do I need it?
In Ontario, “probate” is legally known as Estate Administration With (or Without) a Will. It is, essentially, proof by the courts that the will you are using is valid and is the last one that was signed, or, if there is no will, that you are the right person to be...
Passing on the family cottage
Cottages can be among the most contentious of all estate assets. There is so much emotion tied up in them that they are not just another thing – they are family memories and refuges from daily life. This is why, when it comes time to pass on the family cottage, it can...