Sentences with phrase «establishing testamentary»

The Banks v Goodfellow (1871) LR 11 Eq 472 test for establishing testamentary capacity is well known by those who deal with this area of law.

Estate tax planning should not be overlooked because there are many techniques available to reduce estate taxes, such as holding assets in joint ownership, establishing testamentary trusts, and the purchasing of permanent insurance policies to cover estate income taxes.

So if you want to be extra sure that an RESP ends up used for your intended beneficiary or beneficiaries, Wayne, you may need to establish a testamentary trust in your will to administer the RESP after your death.

Your will should establish a testamentary trust for the child for which you will establish the terms (for example, the will can consider things like living and education expenses and when the trust will end and the child can access the money directly) and name the trustee (s) in the will (and how they get replaced if they die or refuse to continue as a trustee).

For instance, you could certainly establish a testamentary trust in their will but who will be administering it?

If you have minor children, choose who will raise them in your absence and establish a testamentary trust for their finances.

Not exact matches

Most people don't realize that if you leave something to a person in trust through a will — or in the event that it is insurance proceeds, if you set up an insurance trust — you can establish a «testamentary trust.»

A testamentary trust becomes effective upon your death and is usually established by your last will and testament.

Just as with trusts for human beneficiaries, trusts for animals can be established during the pet owners» life (intervivos) or by will (testamentary).

Probate Disabled Persons Wills (SB 90 / PA 99 - 0302): Establishes a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled and either a plenary or limited guardian has been appointed and the court has found that the testator lacks testamentary capacity.

This decision shows that the threshold to establish lack of testamentary capacity is high, particularly where there has been a contemporaneous professional assessment in favour of capacity.

Because of the evidence of suspicious circumstances, the plaintiff has the burden of establishing on the evidence that Mr. De Araujo knew and approved of the contents and had testamentary capacity with respect to both of the 1995 and 1996 wills.

A further long - established basis for challenging a will is lack of testamentary capacity.

Normally, in addition to the documentation required one would need either «Letters Testamentary» or «Letters of Administration» to establish that the executor had the authority to transfer the car (unless the car was originally titled in joint tenancy with right of survivorship, or with a transfer on death title, with the executor listed).

The two tests that apply to establishing undue influence, he says, are those of the «equitable» doctrine that applies to inter vivos transactions or those made during a person's lifetime and the probate doctrine that applies to testamentary bequests, meaning gifts made in wills.

A recent Ontario Court of Appeal decision (Stekar v. Wilcox [1]-RRB- reinforces what is required to prove well - established grounds for challenging a will: suspicious circumstance and testamentary capacity.