tag:blogger.com,1999:blog-436024129575354145.post1419408777907176954..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: Recent friend adds complexity to changes being made to a willLynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-436024129575354145.post-67983751891561877282016-01-16T18:32:41.017-08:002016-01-16T18:32:41.017-08:00The named beneficiary will still get the fund. The...The named beneficiary will still get the fund. The fact that the will has been updated doesn't change that, as the will does not affect assets with named beneficiaries. This is not an easy thing to contest. The law assumes that what you leave in writing, you left that way on purpose. In the majority of cases I've read, the court upholds the beneficiary designation because it's assumedLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-31315790999360437722016-01-16T11:16:12.129-08:002016-01-16T11:16:12.129-08:00Hi there. If a person had a partner named as benef...Hi there. If a person had a partner named as beneficiary on a bank account and passed without having updated or changed that beneficiary, despite redoing the will recently, is the named beneficiary awarded the fund? If contested by family how do the courts usually rule in a situation like this? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-87248595950988476582016-01-04T11:51:55.901-08:002016-01-04T11:51:55.901-08:00The alternate executor is the one who should handl...The alternate executor is the one who should handle the job. The person with the power of attorney should sign the renunciation on behalf of your father's wife. One thing that might cause a problem is the wording of the will's executor clause. In older wills, it often says that the alternate takes over if the first choice has died, but doesn't say anything about inability to act. Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-52653526190940809462016-01-03T13:14:24.592-08:002016-01-03T13:14:24.592-08:00Good post.Good post.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-85020976069448158552016-01-03T11:01:37.739-08:002016-01-03T11:01:37.739-08:00Hi Lynne,
What happens when a executor has giving ...Hi Lynne,<br />What happens when a executor has giving a family member power of attorney ? Does the person with power of attorney deal with the estate or does the job pass down to the alternative executor ? <br />My father died leaving his wife as executor , her son took power of attorney over her the same day as the death. The alternative executor stepped in (although denies it) completed the Anonymousnoreply@blogger.com