Guardianship

Capacity and the Adult Guardianship and Trusteeship Act

What is the Adult Guardianship and Trusteeship Act The Adult Guardianship and Trusteeship Act is referred to when an adult may not be able to make decisions on their own about personal matters. Guiding Principles Adult presumed to have capacity until determined otherwise Adult entitled to communicate by any means …

Last Will

What happens when you do not have a Will?

What is the effect of a Will that is not valid or only partially valid, or where there is no Will (intestacy)? Your Estate may be divided among people you would not otherwise name as beneficiaries in your Will. Wills and Succession Act s. 37 and 38 If there are …

Duties

Duties Of An Executor

At some point in our lives most of us will be asked to act as an Executor or co-Executor of the Estate of a loved one. This is generally considered an honour and, to some extent, an homage to the friend or family member in question. But what does an Executor actually …

Question

Quick Answers to Questions About Wills and Estates

How can I ensure my Will is valid? There are three kinds of Wills, each with separate requirements to ensure validity: Holographic Wills are written entirely in the hand of the Testator and signed at the bottom of the Will. Though Holographic Wills were quite common in the past, they …