What if the deceased had adopted children, illegitimate children, step children or foster children?

July 11th, 2018

Unless the Will states otherwise, children of the deceased who were officially adopted under an adoption order and children who are related to the deceased by blood but born outside of a marriage may have the same rights of support and inheritance as natural children under a marriage.

Unless the Will says otherwise, stepchildren and foster […]

What if a beneficiary is a minor and there is no trust established under the Will?

July 11th, 2018

When there is no trust established in the Will for minor beneficiaries, in most jurisdictions, the Public Trustee, may step in to act as guardian of the affairs of minor children (or grandchildren). The Public Trustee usually holds gifts to minor children in trust until the children reach the age or majority or legal age.

In […]

What is a guardianship?

July 11th, 2018

A guardian is someone appointed by the Court to assume responsibility for the personal care and/or property of a minor or someone who does not have capacity to manage their own affairs. The person who is being cared for is often referred to as a “ward”. A guardianship order describes the role and responsibilities of […]

What if the Will provides for a gift to a charity that no longer exists?

July 11th, 2018

If the deceased left a gift to a charity that either ceases to exist on their death or where it is impractical or impossible to make the gift, the executor must seek legal advice and apply to the Court for direction.

The Court will often invoke what the “Cy-Pres” doctrine. It will first decide if the […]

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