Canadian LAW – Wills and Estates Client Intake Ms. Elizabeth Renfrew has retained our firm to prepare her Last Will and Testament. She has had a brief preliminary conversation with me,
Canadian LAW – Wills and Estates
Client Intake Ms. Elizabeth Renfrew has retained our firm to prepare her Last Will and Testament. She has had a brief preliminary conversation with me, and I would like you to work on this file before she returns for her next appointment. During our conversation, Elizabeth expressed the following wishes with respect to the disposition of her assets:
Upon attaining the full age of twenty-five years, those of her grandchildren alive at the time of her death are to receive the sum of $10,000 each.
She would like her cottage property to be sold with the proceeds to be evenly divided among her children who are still living at the time of her death.
The residue of Elizabeth’s estate is to be divided equally among her four children, but she wants to ensure that if any of her children has predeceased her, the children of that deceased child will receive their parent’s share in Elizabeth’s estate.
Elizabeth would like to make sure that her beloved dog, Rover, is looked after and would like to leave Rover $75,000 to make sure that happens.
It is important to Elizabeth that her remains be buried and not cremated.
She would like to have a bagpiper play “Amazing Grace” and “Scotland the Brave” at her funeral. In lieu of flowers, she would prefer that donations be made to the local Humane Society.
Elizabeth would like to leave the sum of $25,000, taken from her Bank of Scotland account, to St. Lawrence College to provide emergency funds for students.
All four of Elizabeth’s children are married, but she is not fond of any of their marriage partners and does not trust them. She wants to make sure that no son-in-law or daughterin-law will share in her estate or benefit from any income generated from any share in the estate.
Elizabeth owns a valuable painting by a famous Scottish artist; she would like to leave it to her eldest son, Kenneth. She also has many items of personal property which she has not specifically designated for any beneficiary; she wishes to leave it up to her estate trustee (or trustees) to divide the items among those of her beneficiaries who may want them.
Elizabeth wishes to appoint her eldest son, Kenneth, to be the estate trustee for her estate. In the event Kenneth has predeceased her, or is unable or unwilling to act, she would like her sons Roderick and Dougal to work together to administer her estate. Only as a last resort would she want her daughter, Catriona, to administer the estate as Elizabeth feels that Catriona sometimes spends money very frivolously.
Your Mission:
Part A: List the information we will need to obtain from Elizabeth Renfrew in order to assist her in the drafting of her will. At this point, we are missing a lot of important information. Please be specific about details. You may use point form in this section if you like.
Part B: Identify the clauses that should be incorporated into Elizabeth’s will, and briefly explain the purpose of each clause. You do not need to draft the actual clauses but should relate the clauses to Elizabeth’s situation and wishes.
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