Working with a Will – The most common problems that arise

At LegalWills.ca, we help you to write your Will. We do not get involved in the probate process at all. After you have died, your Will is probated, and your Executor has the responsibility to carry out the instructions in your Will. Sometimes this is where the problems start and estate disputes arise.

This is separate from a challenge to a Will. These are arguments arising while the estate is being managed by the Executor.

We recently spoke to Neil Milton of Ontario-Probate.ca. He specialized in probating of estates and has seen first hand the kinds of problems that can arise, and he also knows how to fix them.

He has kindly prepared this guest article, distilling his knowledge into the most common types of disputes that crop up while the Executor is trying to manage an estate.


Common estate disputes

While there are many causes of estate disputes, formal ‘will challenges’ are actually quite rare.

Common estate disputes
Credit: 123rf

There are a whole host of grievances that people have which usually fall in to one of the falling categories:

  • Debts incurred by the deceased before their death and not paid before death;
  • Gifts made by the deceased before their death which reduce the size of their estate;
  • Obligations created by statute which must be paid by the estate before any distribution is made to beneficiaries;
  • Failure of the estate trustee to act at all;
  • Improper actions by the estate trustee; and,
  • Allegations that the will itself should be invalid (a ‘will challenge’).

Disputes in these difference categories are often handled by the Courts very differently – some are relatively quick and inexpensive to pursue, others are very complex and expensive.  It is very important to get the advice of experience legal counsel to determine whether there is a case and if so how to pursue it.

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What happens to your debt when you die?

We are often asked this question from people who have been named as the Executor in a Will. They need to know if they are personally liable for any debts owed and what if there is not enough in the estate to cover them. What happens to your debt when you die?

Our friends at Ratehub have put together this article for us as a guest post.


What happens to your debt when you die?
Credit: 123rf

Debt is a part of life, and most Canadians are carrying around a significant amount, be it through credit cards, mortgages, and other lines of credit. With so many of us relying on credit, it’s no surprise that people often die with outstanding debts left unpaid.

It’s not always easy to talk about, but it’s important to make a plan for your debt ahead of time. Here’s a primer on what happens to debt when you die in Canada, which can help you get started.

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Canadian estate planning quiz


Explanation of the answers

This was a tough quiz covering estate planning in Canada. In this article we will provide you with some explanations for our answers.

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Write a Will in Canada: the complete guide to our Canadian Legal Wills

Learn to write a Will at LegalWills.ca

An increasing number of Canadians are turning to services like the one at LegalWills.ca to write a Will. But every day we received requests from our customers to clarify a term, or clause in their Will. Usually this request comes with an apology for their lack of understanding, and every time we have to give the reassurances that;

  1. Although writing a Will is extremely important, it is not something that most of us do more than once of twice in a lifetime, so there is no reason to expect anybody to understand these terms.
  2. A Will is such an important document, but the legal profession intentionally tries to make the document more complicated that it needs to be by using arcane language. There is absolutely no reason for a Will to say, “I give, bequeath and devise” when a simple “I give” would work. Or to say, “I nominate, constitute and appoint” when a simple “I appoint” would mean the same thing. But using arcane language is a way of pushing people into using the services of a legal professional because it seems beyond the capabilities of the layperson.
  3. Nobody should be required to learn all of these terms in order to write a Will, and there are no clear concise guides that we could find.

Having said that, our Wills still use a lot of legal language, because the document is based on Continue reading