Blog

Case Brief - The Rule Against Perpetuities

In Goss Estate (Re), 2020 ABQB 121, the Court of Queen's Bench of Alberta considered whether provisions of a will violated the Rule Against Perpetuities.


How our Canada Will Registry helps professionals work from home

As law firms across the country institute work-from-home policies in response to COVID-19, the centrality of paper records in wills and estates is causing problems.


What is Testamentary Capacity and How to Identify Capacity Issues With Elderly Clients

In law, there is a presumption of testamentary capacity when an adult executes a will. The legal test for testamentary capacity initially set out in Banks v Goodfellow and adopted by the Supreme Court of Canada in Ouderkirk v Ouderkirk will be discussed.


5 Tips From a Tech Company on Working From Home

As a legal tech company, oftentimes we work from home or have the option to. With the current COVID-19 pandemic many companies are asking their employees to work from home. Below we have listed some tips to help you work from home!


Death and Taxes: 5 Tips for Executors

Administering an estate? If you've never been an estate administrator before, it can seem like an overwhelming task with many bases to cover. It is helpful to know what you are getting yourself into and the best practices to properly administer an estate so that no stone is left unturned.


3 Things to Consider Before Contesting a Will

Contesting a will can be a long and exhausting process along with an emotional and financial burden for you and your family. In some situations though, it is necessary. Here are some considerations if you're contemplating a will challenge.


Case Brief - Mental Health and Testamentary Capacity

In Leonard v. Zychowicz, 2020 ONSC 662, the Superior Court considered the case of a will challenged on the grounds that the testator's history of bipolar disorder meant she lacked testamentary capacity.


Why Effective Note-Taking Matters in Your Estate Practice

To ensure your estate practice is running smoothly, you need to become well acquainted with the art of note taking. It is simply not okay to get basic information from your clients, you should have an understanding of your client's goals, intentions, family dynamics.


Client doesn't want to advertise for creditors? Have them sign an Acknowledgement and Direction

If your client is an estate trustee who doesn't want to advertise for creditors, it's important to have them sign an Acknowledgement and Direction confirming they were warned of the risks.


Your Will Checklist

Preparing a will can seem like a daunting (and dark) task to tackle, but really it is the best way to ensure that all your bases are covered and accounted for. Preparing a will that is clear, detailed, and can be located provides security for you and your loved ones.


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