Question
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
- Victoria Christine Goldthorpe, DOB July 27, 1984
- married to Joseph Robert Goldthorpe (DOB September 9, 1979)
- Lakeshore Blvd - Unit 22, Toronto, ON, M7M 1M1
- 536-8791 (cell phone)
- Mark Bryant Harvey, DOB May 6, 1986
- 412 Independence Way, Toronto, ON M2M 9P7
- Cell phone - 416-858-7278
- Mark is divorced
- Austin Ryan Harvey, DOB December 5, 1998
- Lives at home still, attends Humber College - Culinary Arts Program
- Cell phone: 647 555 8..H@hotmail.com
ALL GRANDCHILDREN:
- Amanda Leslie Goldthorpe (DOB February 2, 2006) (Victoria's daughter)
- Edwin Mitchell Harvey (DOB June 12, 2010) (Mark's son)
- Are you presently married? Yes
- If your spouse survives you, then is he/she to be the Executor? Yes
- 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
- 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
- Do you want to delay the distribution to your children? No - subject to instructions herein
- Are any of your children minors requiring a guardian of property or person? No
- 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
- Do any of your children or grandchildren have any disabilities or circumstances requiring special consideration? No If yes, please specify: N/A
- Do you want to make any special gifts of money or assets to particular persons? Yes **See attached Schedule**
- Are you a Director or Secretary or Shareholder of any Private Company? NO
- Are you a Trustee or Beneficiary or Guardian/Appointor of any Trust? NO
- Are you a partner or owner of any business? NO
- Do you have any foreign assets? NO
- Have you ever been divorced? NO
- 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
- Any real property? YES
- 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
- 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
- Cottage - Held jointly with spouse - If spouse predeceases, falls into residue of estate
- 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
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