Who are income and capital beneficiaries under a Trust Will?

July 11th, 2018

A Trust Will requires that all or part of the estate be to be held in trust for all or part of the lifetime of one or more beneficiaries. A trust created under a Will is called a “testamentary trust.”

A testamentary trust names an income beneficiary, also known as the “life tenant” or “lifetime beneficiary”, […]

What effect does separation or divorce have on a Will?

July 11th, 2018

Matrimonial property laws and Wills and Succession laws vary across jurisdictions. QuickEstate™ neither holds itself out as a legal expert nor do we provide legal advice. Given the frequency of divorce today, however, we have made a few general points to shed some light on this common question.

If the deceased was separated, but their divorce was not […]

What factors could invalidate a Will?

July 11th, 2018

A Will could be rendered invalid for many reasons, including, but not limited to the following:

The deceased lacked testamentary capacity or was otherwise not of sound mind when the Will was executed (e.g. if the person was senile or under the influence of alcohol or drugs)
The Will was improperly executed (e.g. not signed […]

What happens when someone alleges that the Will is Invalid?

July 11th, 2018

The burden to prove the invalidity of a Will falls to the person who is contesting it. If this happens, the executor must ask that person to retain their own legal counsel and be prepared to provide proof to the Court that the Will is invalid.

 

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What happens when there have been visible alterations to the Will?

July 11th, 2018

Before final execution of the Will, the deceased must initial (attest) each and every change that was made on the face of the Will including when:

The original wording was erased and changed
There are interlineations, meaning that original names or words have been replaced with new names or words written above the original words)
[…]

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