Estate successions lawyer
Estate (Successions) Lawyer
Estate successions lawyer In Quebec, as opposed to other Canadian provinces, a lawyer cannot be a notary at the same time. And a notary is clearly a better choice when…
ANNUL A WILL FOR UNDUE INFLUENCE: EVIDENCE YOU NEED
Undue influence (captation), as you may know, is a reason to annul a Will. This means that the singing person was not really making a free and informed choice. In other…
GOOD EVIDENCE TO CONTEST A WILL
Say, you want to contest a will and you need some proof. What are the good proofs? A bad argument is often worse than no argument, because it irritates a judge…
WHAT IS UNDUE INFLUENCE (CAPTATION) AND HOW HARD IT IS TO PROVE IT?
You are sure that the will “smells bad” and yet the testator was in his sound mind? Then the question is usually if the testator’s consent to change his Will was free…
CAPACITY TO TESTATE: WHAT MOMENT OF TIME IS IMPORTANT?
Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will,…
ACCESS MEDICAL FILES TO CONTEST A WILL
Access to medical files to contest a Will is a serious question. A disinherited person often contests the will for undue influence and incapacity of the deceased. In addition, a contesting person…
CAN A CORRECT WILL BE INVALID? YES, IT CAN
Invalid will A formally correct Will can be still an invalid and vice versa. This is why the Court of Appeal did remind in Nazzari c Nazzari, 2016 QCCA 1334: improbation…
TIME LIMIT TO CONTEST A WILL
You found a new will in your favour. But the other heirs say it’s too late. So what is your time limit to contest a will? Three years is too…
CONTESTING A WILL? BRING ALL THE REASONS IN!
Contesting a Will You think some reasons to contest a will do not apply in your case? You might be making a mistake. Attacking validity of a Will, remember to put all…