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What do I owe my step-children?
Q: In the case of a blended family should the mother of the children pass first, what is the obligation of the husband to his step-children? If the mother’s wishes have been satisfied as to jewellery...
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When a spouse is left out of the will
Q: My mother-in-law remarried 15 years ago. Her first husband died and she has no income or investments. Her current husband is 87-years-old and reports that he is leaving all his assets to his two...
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The difference between wills and trusts
Q: What’s the difference between a will and a living trust? — Marisa A: It’s important to understand the difference between living trusts and wills if you hope to do any type of successful estate...
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What to do if you don’t trust the executor of a will
Q: We are five kids in the family and my sisters and I think my brother, who’s the executor of my parents’ will, will find a way to take everything. How can we protect ourselves? —Trina A: Trina,...
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Who gets what in a blended family with no will?
Q: What happens if I die, was previously married and had a will—but am now remarried (blended family) and have not written a new will? What happens to my estate if I die? How is it divided? Does my...
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The one thing your will doesn’t always decide
Q: Ed, I have a very specific, detailed wills question. Which document takes precedence over the other? The will written/filed in March 2016, that states: I give, devise, and bequeath all the assets...
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We have few assets. Can we skip having a will?
Q: Ed, my husband and I do not have a will. We have no house but do have an RRSP, a little cash, and two children (ages 14 and 12). Should we have a will? If so, what type of will is acceptable/legal...
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Property rights in a common-law marriage
Q: I have lived common law with my partner for the last 30 years. Then mid-last year my partner had a close encounter with death due to an operation going wrong. He is scheduled for another operation...
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The role of power of attorney
Q: Ed, I would like to know what, if any, my sister who had Power of Attorney (POA) of our mother is entitled to claim from our mother’s estate. There are four children involved and we are all named...
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Dangers of DIY wills
Q: I’m considering getting an online will. What are the pros and cons of having my will done up this way? —Sam A: Sam, you asked me to identify pros and cons of making wills online. I understand...
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Can I disinherit my spoiled daughter?
Q: I am a divorced, single woman, and, I have one living daughter who is 31-years old. My ex-husband died of cancer a few years ago after we were divorced, and my daughter inherited his entire estate,...
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Is a will without witnesses valid?
Q: I’m wondering if a will that was signed, witnessed but not dated is valid. The lawyer who prepared the will has died and the witness can’t be located. The testatrix was a resident of Ontario....
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Am I entitled to my half-brother’s estate?
Q: My half-brother has no will. He has a step-sister. Am I entitled to my half-brother’s estate? We have the same father out of wedlock. – John A: You say your half-brother has no will, but you did...
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Can my stepmother change my father’s will?
Q: My dad and stepmom have been married 34 years and are well into their 80s and in poor health. It’s a guessing game on who will pass away first. My stepmom has no children, or siblings alive—just a...
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Do my heirs need to be at the reading of my will?
Q: I have two sons and a daughter. I have disinherited my daughter, who lives in California. I leave everything to my two sons (one Canada, one American) and six Canadian grandchildren. My estate is...
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What a ‘promise’ means in legal terms
Q: My stepmother passed away and she had left me my mom and dad’s dining room set. However, the executor of the will sold it. Is there anything I can do about this? —Kathy A: Dear Kathy, was your...
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Why have a will when you have beneficiaries?
Q: I am married. I have RRIF and LIRA and my spouse has RRSPs. We have joint cashable accounts too. We have appointed each other as beneficiaries for every account. I am told this arrangement takes...
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The wrong way to save on probate fees
h2.termNameTitle {display: none;} Q: Can I choose what province I probate a will in? I live in Manitoba and the province has relatively high probate fees. I’m an executor of a substantial estate. What...
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How spousal survivorship rights work with property
Q: Ed, I read with interest, February 2018 article where you stated “If you die, your spouse cannot take legal steps on your estate’s behalf. This is only the job of an executor/estate trustee”. My...
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Are my husband’s sons entitled to part of my home?
Q: My husband passed two years ago and he had 3 sons who we had no contact with the 12 years that we were married. The sons are all in their 20s. I was the administrator of our assets. We had no will...
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