Question
please answer the following ESTATES LAW questions 1. Sheila died without a will last month. She leaves behind her spouse Brian. Sheila and Brian had
please answer the following ESTATES LAW questions
1. Sheila died without a will last month. She leaves behind her spouse Brian. Sheila and Brian had four children: Alice, Bobby, Charmaine and David. Unfortunately, Bobby passed away in a tragic accident in 1994. Bobby's 3 year old son Harry also died in the accident. Bobby was married to Sally at the time (she survives Sheila). They had three other children together: Evan, Frank and George (all of whom survive Sheila).
Sheila's estate is worth $1,250,000 after all debts have been paid.
(a) Please outline who inherits and the amount that they inherit from Sheila's estate
(b) What if Sheila died without a spouse, children or siblings? Assume that Alice, Bobby, Charmaine and David are her nieces and nephews instead but all other facts about them and their children are the same. Please outline who inherits and the amountrounded to the nearest dollar that they inherit from Sheila's estate
2. Henrietta Hassan was injured in a motor vehicle accident. She is currently in hospital in the ICU.
Henrietta does not have a Continuing Power of Attorney for Property or a Power of Attorney for Personal Care. Her husband, Carlos, does not work outside the home. He is the caregiver for their young daughter. Carlos wants to know how he can access Henrietta's money so he can manage her assets and pay their bills.
(a) In order to determine if Henrietta could grant a continuing power of attorney for property, what legal test would she have to meet? In your answer refer to the relevant statute and provision
(b) If Henrietta cannot grant a continuing power of attorney for property, describe 2 other options that may be available for Carlos (6 marks)
(c) The doctors have asked Carlos to consent to treatment for his wife. On what basis could the doctors rely upon Carlos' consent on behalf of Henrietta? Please refer to legislation in your answer
(d) Explain if the doctors could ever act without either Henrietta's consent or someone else's consent on her behalf
3. Henry Ramirez is a new client. He is married to Melissa Singh. They have been separated for two years. They have no children. They do not have a separation agreement. They have mirror Wills dated January 2022. They own a home together. They continue to reside in that home but in separate areas of the house. They each have an RRSP and they each have a chequing and savings account.
(a) Should Henry make a new Will? Explain why or why not and please refer to any legislation in your answer
(b) Explain what would happen if Henry died without a will. In your answer please refer to any relevant legislation
4.Raffi died with a will. Throughout his life he did not experience any capacity issues. His assets at the date of his death were:
$150,000 in TD Canada Trust
$250,000 in the Bank of Greenbux
$20,000 in cash in his cookie jar
A sailboat worth $32,000
Raffi's debts on the date of his death were $80,000.
Raffis' Will set out the following:
Sailboat to my friend, Ricki
$200,000 from the Bank of Greenbux to my sister, Clare
The balance in my CIBC account at Yonge and Bloor in Toronto to my coach, Rocky
$100,000 to my friend, Quan
$100,000 to my friend, Bailey
How will Raffi's estate be distributed? In your answer explain why each beneficiary receives what they do.
Please use the following order of abatement to distribute the assets Devises of real estate Gifts of specific items (eg coin collection) Demonstrative legacies ( gifts of specific amounts of money from specific sources) (eg td $40k to my son) General Legacies ( gifts of specific amounts of money from a general source ) (eg money in bank account ) Residue
5. Rishi died with a Will. His spouse predeceased him. He had three children, A, B and C. C predeceased him leaving two children, (being Rishi's grandchildren) X and Y. His estate was worth $2,000,000.00 and his estate had debts in the amount of $200,000.00. Assuming his Will disposes of the residue of his estate and provides for no other gifts, explain how his net estate will be distributed in each of the following scenarios where his Will states that:
the residue of his estate is to be distributed among his issue in equal shares per stirpes
the residue of his estate is to be distributed among his issue in equal shares per capita
the residue of his estate is to be distributed among his children who survive him in equal shares per capita
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