Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Hi need help drafting a Will please The lawyer you work with, Mae, has met with the client, Sandra Harvey, and taken her will instructions.

Hi need help drafting a Will please

The lawyer you work with, Mae, has met with the client, Sandra Harvey, and taken her will instructions. Based on Mae's notes (attached) please draft the following:

Component 1 is due on March 8, 2022 and is worth 12.5% of your grade. For the purposes of the assignment, assume that the Will will be signed by the testatrix on March 10, 2022.

Your materials should include all the necessary signature lines, but leave them all blank.

Please assume that one of your group members and the lawyer you work for are the witnesses to the Will.

WILL INSTRUCTION SHEET

PERSON MAKING Full Name Sandra Victoria Harvey

THE WILL

Occupation Accountant

DOB: March 23, 1955

Address 56 Kenneth Blvd, Mississauga, ON L5E 2V2

Phone (H) 647-555-9876 (cell) 289-212-9876

EXECUTOR Full Name Avard Harvey (goes by "Av Harvey")

Relationship Spouse (married in Ontario on June 10, 1980)

Address same as Sandra

*ALTERNATE EXEC. Full Name Victoria Christine Goldthorpe (nee Victoria Christine Harvey)

Relationship daughter

Address 247 Lakeshore Blvd - Unit 22, Toronto, ON, M7M 1M1

SPOUSE Full Name & Address - see above

Occupation Architect

ALL CHILDREN

  1. Victoria Christine Goldthorpe, DOB July 27, 1984
    1. married to Joseph Robert Goldthorpe (DOB September 9, 1979)
    2. Lakeshore Blvd - Unit 22, Toronto, ON, M7M 1M1
    3. 536-8791 (cell phone)
  2. Mark Bryant Harvey, DOB May 6, 1986
  3. 412 Independence Way, Toronto, ON M2M 9P7
  4. Cell phone - 416-858-7278
  5. Mark is divorced
  6. Austin Ryan Harvey, DOB December 5, 1998
  7. Lives at home still, attends Humber College - Culinary Arts Program
  8. Cell phone: 647 555 8..H@hotmail.com

ALL GRANDCHILDREN:

  1. Amanda Leslie Goldthorpe (DOB February 2, 2006) (Victoria's daughter)
  2. Edwin Mitchell Harvey (DOB June 12, 2010) (Mark's son)
  3. Are you presently married? Yes
  4. If your spouse survives you, then is he/she to be the Executor? Yes
  5. If your spouse survives you, are they to receive your entire Estate? Yes except **See attached Schedule** for gifts which should go to the beneficiaries before her husband gets anything
  6. If your spouse does not survive you, do you want to leave your Estate to your children in equal shares? Yes but only the residue - see other gifts noted below & attached schedule
  7. Do you want to delay the distribution to your children? No - subject to instructions herein
  8. Are any of your children minors requiring a guardian of property or person? No
  9. If any of your children die before you leaving children of their own then do you want your child's share to go to you child's children (your grandchildren), in equal shares? Yes
  10. Do any of your children or grandchildren have any disabilities or circumstances requiring special consideration? No If yes, please specify: N/A
  11. Do you want to make any special gifts of money or assets to particular persons? Yes **See attached Schedule**
  12. Are you a Director or Secretary or Shareholder of any Private Company? NO
  13. Are you a Trustee or Beneficiary or Guardian/Appointor of any Trust? NO
  14. Are you a partner or owner of any business? NO
  15. Do you have any foreign assets? NO
  16. Have you ever been divorced? NO
  17. Any RRSPs or Life Insurance? If yes, specify how you would like them distributed. N/A client advises that all RRSPs and Life Insurance have beneficiary designations
  18. Any real property? YES
    1. House - held solely - 1) to Av if he survives her, 2) If she is not survived by Av, the house in trust for 5 years or until Austin completes his education at Humber College, whichever comes first. After the 5
    2. years/completion of school, the house must be sold and the proceeds added to the residue of the Estate to be divided in accordance with the Will
    3. Cottage - Held jointly with spouse - If spouse predeceases, falls into residue of estate
  19. Common Disaster Clause - If client not survived by any family members, wants her entire estate to go to charity - to Sick Kids

*** Note - Sandra was married before she met Avard. She had a brief marriage at age 21 - and was divorced two year. There were no children from her previous marriage.

SCHEDULE OF SPECIFIC GIFTS * Schedule*

Beneficiary Name & Details of Gift/s: Victoria Goldthorpe

  • Sandra's wedding ring; all of Sandra's gold jewellery
  • $10,000.00 in cash outright

Beneficiary Name & Details of Gift/s: $5,000.00 to Mark - Does not want the financial gift to go to his kids if Mark doesn't survive her

Beneficiary Name & Details of Gift/s: Austin to get $15,000.00 - Does want the financial gift to go to his kids if Austin doesn't survive her (if he has any)

Beneficiary Name & Details of Gift/s: Amanda Goldthorpe

  • Sandra's diamond necklace (gift outright)
  • $15,000.00 in trust until she turns 25. Victoria to be trustee of the trust for Viola, with Victoria's husband as alternate trustee if Victoria does not survive Sandra, giftover to Amanda's kids if she doesn't reach the age of 25, if she has no kids and doesn't reach 25, the balance to charity (Sick Kids)

Beneficiary Name & Details of Gift/s: Mark Harvey

  • Sandra's father's guitar (gift outright)

Beneficiary Name & Details of Gift/s: Ronald McDonald House Charity- $75,000.00

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Researching The Law Finding What You Need When You Need It

Authors: Amy E. Sloan

3rd Edition

1543813364, 978-1543813364

More Books

Students also viewed these Law questions

Question

6. How can a message directly influence the interpreter?

Answered: 1 week ago