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Wills, Trusts & Estates

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Friday, March 08, 2019 @ 12:52 PM

WEL Partners adds associate

WEL Partners announced that Marian Passmore has joined the firm as an associate. ... [read more]

Friday, March 08, 2019 @ 8:31 AM

Family trusts: Weighing the true value of a discretionary interest coin_stacks_sm

What is the dollar value of an interest in a discretionary family trust for equalization purposes under Ontario’s Family Law Act? ... [read more]

Thursday, March 07, 2019 @ 9:46 AM

Alberta Appeal Court decision offers new clarity on will interpretation: lawyer Barbara Stratton, Bennett Jones LLP

An Alberta woman alleging suspicious circumstances surrounding the execution of a will has been dealt a blow in her attempts to obtain it after the provincial Court of Appeal ruled such a move would trigger its no contest clause. ... [read more]

Wednesday, March 06, 2019 @ 8:37 AM

The thorny issue of testamentary capacity light bulbs

The law presumes that a person who is at least eighteen years of age or falls within the above exceptions has the mental capacity to make a will. In other words, and put simply, she understands what she is doing and understands the nature and general value of her assets that are being dealt with in the will. This presumption applies even to people who are of advanced years. ... [read more]

Wednesday, March 06, 2019 @ 7:52 AM

TRUSTS - The beneficiary

Appeal by the defendant from summary judgment awarding the respondent arrears of rent. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Wednesday, February 27, 2019 @ 8:10 AM

PRACTICE AND PROCEDURE - Parties

Appeal by the former wife of the deceased from refusal of variation of an order requiring prior leave to advance any claims against her former husband's estate, and from the order itself. ... [read more]

Wednesday, February 20, 2019 @ 3:17 PM

Estate planning for millennials: The importance of family law considerations Millennials_group_sm.jpg

In my July 2018 article Estate planning for millennials: No time like the present, I discussed the importance of millennials and estate planning and the unintended consequences that can result from failing to have proper planning in place. ... [read more]

Wednesday, February 20, 2019 @ 11:11 AM

Multijurisdictional and separate situs estate planning: The details global_houses_sm

Owning property in another jurisdiction often means more complexity, and those who do should have a co-ordinated and comprehensive estate plan to deal with their multijurisdictional lives in order to avoid often hidden pitfalls. ... [read more]

Friday, February 15, 2019 @ 10:40 AM

Statutory interpretation life and death issue in assistance in dying law docatdeathbed.jpg

In law we often use phrases that, we hope, strike a balance between offering both guidance and flexibility. I imagine the conversations legislative drafters must have as they debate the interpretation of specific words, dancing the line between detailed legislation and constitutional infringement. ... [read more]