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Wednesday, September 12, 2012

Holographic wills and capacity

My friends over at www.allaboutestates.ca have posted something really interesting that some of you will recognize. An elderly parent who lacks mental capacity keeps making handwritten (or "holographic") wills. Holographic wills are legal in most parts of Canada, assuming that the parent has the mental ability to make a will. Is your parent doing this? And if so, how are you dealing with those wills? Click here to read an article that gives some advice on what to do.

5 comments:

  1. This one of the most useful and concise blog that I have read this past few weeks.

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    1. Thanks! In addition to the posts I write myself, I always post links to other blogs, sites and resources that I think readers of this blog might find useful. It's good to know you are getting something good out of it :)

      Lynne

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  2. wow... this at least open my eyes to a new kind of wills 'terminology'.. thanks for sharing.. It's not that easy to deal with this kind of circumstances... and a deliberate planning today... may save up the future... thank

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  3. Hi Lynne,

    I recently lost my father, in his estate is a house and a few other things. A few days after he passed we where at my sisters and opened a picture from his house, that we had brought from his house to her house to use for the funeral, it was in a frame. In the back of the picture was a typed will leaving $5000 to each kid, $10000 to 1 of the kids and the rest to the sister who found the will. there are 5 kids and my mom has 2 older kids who didn't think of him as Dad when he was alive but now they want his money. I am his youngest girl and would be one of the ones getting a $5000 amount and I have a brother that is saying the will is not real. I have no idea what is going to happen and certainly don't believe my moms two oldest kids that aren't his are not entitled to a thing. They made it clear when he was alive that he was not their Dad. The fairness of this is not there and I now my Dad was a pretty fair person. What should I do? Any advice at all? Thanks Jennifer

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    1. Do not make the mistake of thinking that anyone can decide to hide this will because they don't think it's fair. If this is the only will your father left then get the damn thing probated. It does not matter if you like it or anyone else likes it. If the brother thinks it isn't real then he can contest it and prove it isn't real. Who ARE you people who think you get to decide who your father's estate goes to?

      Lynne

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