What is an Affidavit of Execution?

July 11th, 2018

An Affidavit of Execution is a sworn statement by each witness to a Will, confirming that they were present and witnessed the execution and signing of the Will by the testator; and that they knew the testator and that the testator was of the age of majority.

Because Affidavits of Execution confirm the authenticity of a […]

What does the term “issue” mean in a Will?

July 11th, 2018

The term “issue” in a Will refers to the testator’s lineal descendants, by bloodline, including the testator’s children, grandchildren and great grandchildren.

 

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What do the terms “per stirpes”, “per capita” and “issue” mean in a Will?

July 11th, 2018

A “per stirpes” distribution follows the deceased’s bloodline and is based on the number of descendants under one beneficiary. If the Will states that the residue of the estate is to go to the deceased’s issue on a per stirpes basis, it means that the residue of the estate is divided amongst the deceased’s children. […]

Can a witness to the Will also be a beneficiary?

July 11th, 2018

As a general rule, a witness to a Will, or their spouse, cannot also be named as a beneficiary under the Will. If, however, it can be demonstrated to the Court that there was no undue influence on the deceased by that witness/beneficiary, their gift may stand.

If the executor has any concerns about anyone who […]

What is a testamentary trust?

July 11th, 2018

A Testamentary Trust is created under a Will or codicil when the deceased wishes to set aside all or part of their property for all or part of the lifetime of one or more of the beneficiaries, who are entitled to receive income and/or capital during the life of the trust.

It is usually the executor […]

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