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There are many pitfalls to avoid when planning your estate and drafting a Will. In this series of 12 articles, we have highlighted a few of these pitfalls, so that our readers may be better equipped to sidestep them when the time comes to prepare or revise a Will.
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 I have an Evil Step Mother
If you leave your property to your “new” spouse outright and rely on his/her generosity to leave it in his/her Will to your adult children from your previous marriage, remember that a Will can be changed at any time, and in the span of about ten minutes. What if you pass away and your new now-widowed partner meets somebody new? In that case, the Family Relations Act may result in your assets being split with his/her new partner rather than your adult children….perhaps not your first choice?
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 I’m so mad at Gwenith
Make sure you have very rational and documented reasons for excluding a spouse or child from your Will. Otherwise they can contest it in court and possibly win. A good Estate Planning lawyer can help you to transfer all your assets without the use of a Will and thereby completely eliminate the possibility that a disgruntled family member can sue your estate. Same results – no fighting.
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 Leaving my money to Greenpeace
Oops! As well known as Greenpeace is, the organization, like other advocacy groups, is not a registered charity in Canada. So…that tax receipt you were planning to get for your charitable bequest and was going to be used to offset the capital gains taxes on your Mayne Island recreational property (remember?), is no longer available. Looks like your grandchildren might not be spending all summer jumping off the dock the way you did when you were a kid.[More] |