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ARTICLE · 17 FEBRUARY 2020

A Recent Example Of The Importance Of Proper Will Planning

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In Ontario, if an individual dies without a valid will, their estate will pass in accordance with the laws of intestacy, which are set out in the Succession Law Reform Act, R.S.O. 1990,...

CanadaFamily and Matrimonial
Jennifer Corak
Jennifer Corak
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In Ontario, if an individual dies without a valid will, their estate will pass in accordance with the laws of intestacy, which are set out in the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the "SLRA"). This is, for some, the motivating factor for engaging in the estate planning process as a person can, in their will, specify who is and is not to inherit a portion of their estate. In such circumstances, it becomes even more important for the person executing the will (the testator) to take the time to think through their wishes, remembering that we cannot plan the order in which individuals die. The case of Re Vaudrey, 2019 ONSC 7551, serves as an example of how a testator's wishes can be defeated despite taking the time to execute a will.

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