Summary
Where will you live when you die? In Manitoba or Alberta it is easy to cut a child out. In Ontario, it is doable. It is difficult to do it in BC or in Nova Scotia where the laws are designed to make it hard to disinherit a child. [Bill]'s lawyer made a point of asking him whether he had plans to move out-of-province, and he didn't. If Bill had announced the plan to move to B.C., then the lawyer would have given him a very different answer. The key is the province you live in when you die, not the province you live in when the will is drafted.
In Bill's case, a specialized medical assessment was conducted and a doctor's report was prepared to support the lawyer's finding that Bill had capacity.Depending on the case, the bullet proofing process might also include a video recording in which the client explains, in front of a camera, the client's reasons for disinheriting the estranged child. Statements might be collected from the client's friends and caregivers summarizing and confirming the evidence available through them that supports the will.See the full content of this document
Extract
Rewriting Will Can Be Touchy
Child not easily disinherited
Bill was old. In 2001 he was diagnosed with cancer.The prognosis was as bad as it could get -- it was time to get his affairs in final order. He agonized over the decision, but decided t...See the full content of this document
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