When you should amend your Will? – RMS Estates Law

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When you should amend your Will?

RMS Estates Law
May 4, 2020

A fifth of Canadians over the age of 65 have a Will but it is out of date. What most people might find surprising is that some major life events will affect the appointments made in the will, and even the validity of their will. Here are some im

A fifth of Canadians over the age of 65 have a Will but it is out of date. Some major life events will affect the appointments made in the will, and even the validity of their will. Here are some important reasons to update your will:

An executor dies, moves or becomes unsuitable to act due to age or ill-health.

The executor is the person who administers your estate when you pass away. If they are unable to act, and you have not appointed an alternate executor in your Will, your estate cannot be administered until another executor steps up and makes an application in court to be appointed as executor. Administering an estate also becomes very difficult when the executor is not in the same province as the deceased. Depending on the circumstances, the executor might have to post a bond in order to distribute your estate; they can apply for a waiver to court, but this is not guaranteed.

A beneficiary dies.

If a beneficiary passes away before you, has this situation been explicitly addressed in your will? If not, you are at risk that a part of your estate will pass on intestacy and be distributed in accordance with intestacy laws.

There are births or adoptions in the family.

A dependent child has to be properly provided for in the Will, and it is advisable that they have a guardian appointed as well.

You have gifted property in your Will which you subsequently cease to own.

With a few exceptions, if a specific gift is not owned by you at your death, the beneficiary receives nothing, even if the Testator retains other property into which the property that was the subject matter of the gift has been converted (doctrine of conversion).

You move outside the Province of Ontario or your citizenship changes, or you acquire assets in another province or country

Laws differ across Canadian provinces and across countries. Will moving outside the province mean that your wishes as expressed in your will, will not be met?

If you have any questions about this topic, I would love to help!

PLEASE NOTE THAT THE CONTENT OF THIS BLOG IS MERELY FOR INFORMATION PURPOSES AND DOES NOT CONSTITUTE LEGAL ADVICE.

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