Examples of his recent experience include: actions of reduction (setting - aside) of wills and
other testamentary writings; acting for executors, beneficiaries and attornies in actions of accounting; dealing with applications to remove / replace executors; and advising on the variation of trusts and appointment of trustees.
The legal matters may involve civil rights, mental health care in jails and prisons, disability benefits claims, access to health or rehabilitative services, creating wills and
other testamentary documents, and advanced directives.
Not exact matches
«There is no evidence that he exerted pressure on his client or that the proposed gift to himself was anything
other than her true
testamentary wishes,» the disciplinary hearing ruling said.
Sometimes there are competing
testamentary instruments (i.e., 2 parties have a different will executed by the same decedent and feel the
other document is not valid).
She says of Ritchie, Ritchie and
Others v National Osteoporosis Society and
Others [2009] EWHC 709 (Ch) that «challenges based on
testamentary capacity are becoming ever more common, and this increase is likely to continue as the population ages».
Our professionals are experienced business lawyers who can help implement with commercial real estate, liens, or corporate structures that manage tax obligations, whether as a corporation, partnership, family trust,
testamentary trust, or any
other type of legal entity.
Our professionals are experienced real estate lawyers who can help with commercial real estate, liens, incorporations, trademarking or implementing corporate structures that manage tax obligations, whether as a corporation, partnership, family trust,
testamentary trust, or any
other type of legal entity.
d, «
testamentary substitutes... which include gifts causa mortis or within one year of death, Totten trusts, joint accounts, revocable transfers, or transfers with a retained income interest, many retirement accounts and property owned by a decedent and payable on his death to someone
other than the surviving spouse for his estate.»
Hoff v Atherton — acting in the Court of Appeal in this lead case in relation to
testamentary capacity and in
other significant cases.
▪ Preparation of Third Party Special Needs Trusts (Inter Vivos and
Testamentary) ▪ Preparation of Self - Settled Special Needs Trusts (a.k.a. First Party Special Needs Trusts) ▪ Advice regarding eligibility for government benefits ▪ Coordination with
other professionals regarding special needs issues, including personal injury attorneys in the settlement process ▪ Assistance to Special Needs Trustees
Our professionals are experienced business lawyers who can help with employment contracts, commercial real estate, liens, incorporations, trademarking or implementing corporate structures that manage tax obligations, whether as a corporation, partnership, family trust,
testamentary trust, or any
other type of legal entity.
[35] A more recent formulation of the test is found in Re Schwartz, [1970] 2 OR 61 at 78 (CA), aff'd [1972] SCR 150where Laskin J.A. (dissenting on
other grounds) summarized the elements of
testamentary capacity:
In
other words, did he have
testamentary capacity?
If a will is duly executed and the testator has
testamentary capacity, a court will presume in the absence of
other evidence that the testator knew and approved the contents of that will.
Frequently in
testamentary capacity cases one side's retrospective expert will conclude that there was capacity, yet the
other's expert will not.
With a
testamentary trust, on the
other hand, will be set up when you write your will.
The Testator is required to revoke all prior
testamentary dispositions as it is necessary to avoid any confusion in connection with
other Wills made by the Testator.
assignments, satisfactions, or any
other conveyances except
testamentary dispositions and instruments of trust.»