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Posts tagged "estate litigation"

Prioritize the process, not the will itself, with estate planning

For most Canadians, financial planning is far from a well-defined process. While many have an idea of what they have and where they may want it to go after they pass away, these plans are often not articulated to those who need to be aware. Ontario families may find that the best way to avoid financial challenges, up to and including estate litigation, is to consider an estate as part of a longer-term process of financial planning overall.

What defines a "fair" estate plan?

When planning for the distribution of assets in the future, it is common for individuals to aim for a "fair" and equitable arrangement. For some Ontario families, this simply means liquidating assets and splitting the proceeds among surviving children. For others, the choice is not so simple. Grandchildren, dependency, relationships and difficult assets like real estate and businesses can make it difficult to create an estate plan that is considered "fair" and reasonable to all in the family. Here are a few of the most important considerations.

How "do-it-yourself" wills can end in litigation

It is not uncommon for Ontario adults to consider drafting their own will at home. A do-it-yourself will can seem attractive to those who have a good handle on their assets and descendants. The problem is that wills created at home can be much more easily misunderstood and contested, ultimately leading to estate litigation. Here are some risk factors people should consider before trying to write up this important document on their own.

Events that trigger an estate plan review to prevent litigation

Providing for families members after death is something that many Ontario residents work toward. They create estate plans they believe accomplish this goal -- at the time. The problem is that an estate plan may not always fit their families' circumstances. Certain events require a review of those plans in order to make sure they still apply and will not potentially give rise to litigation upon death.

Clarifying your estate plan with a letter of intent

Many Ontario residents wonder whether the arrangements they made for their property after their death will meet with contention and suspicion from surviving loved ones. This could happen if no one understands the intent behind the decisions made. A letter outlining this and other information could prove invaluable to them during the estate administration process since it can be provided to loved ones prior to death.

Increasing longevity shifts estate planning focus for many

Statistics Canada says that the fastest growing age demographic in the country is those over the age of 80. Estimates indicate that by around the year 2036, 3.3 million Canadians will fit this demographic. This trend could significantly shift the focus of estate planning.

Avoid Estate Litigation Surrounding Your Business

When deciding what will happen to your assets after your death, you may want to make sure that you pay attention to one asset in particular -- your Mississauga business. Perhaps you have already done some planning for everything else but still need to make arrangements for what will happen to your company after you pass away. There is no time like the present to make sure that you attend to this vital aspect of your life in order to avoid potential estate litigation in the future.

What happens when estate administration does not go as planned?

The harsh reality is that there is a lot of work to be done after the death of a loved one. Many Ontario residents find it challenging to manage their grief while working through routine estate administration tasks. Sadly, the process may turn out to be anything but routine, and the need for litigation may arise, which only further complicates things.

How death-bed will writing can lead to estate litigation

Putting off planning for one's final days is not uncommon. Many people procrastinate on making the difficult financial and familial decisions that come with writing a will. This leaves many Ontario planners scrambling to throw estate plans together when they are given a terminal diagnosis or if their health takes an abrupt turn for the worse. The lack of oversight in many of these quickly administered wills can lead to confusion, family conflict and estate litigation.