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Wills, Trusts & Estates

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Friday, June 22, 2018 @ 6:19 PM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Friday, June 22, 2018 @ 8:51 AM

New law paves way for Henson trusts for estate planning in Alberta disability_trust_sm

New legislation was passed in Alberta on June 11, 2018, that marks a significant change to estate planning for families of individuals with disabilities. Amendments have been made to the province’s legislation to allow for trusts to be set up to provide for individuals with disabilities without negatively affecting his or her eligibility for the Assured Income for the Severely Handicapped (AISH) program. ... [read more]

Thursday, June 21, 2018 @ 11:21 AM

B.C. decision offers clarification of Saputo test, how it applies to presumptions on undue influence Randall Kaardal, Hunter Litigation Chambers

The B.C. Court of Appeal has ruled a lower court judge incorrectly weighed evidence in making a determination on whether a complaint in an estate case was a triable issue, saying proving undue influence in the making of a will is difficult and can be established through circumstantial evidence. ... [read more]

Wednesday, June 20, 2018 @ 8:33 AM

WILLS - Variation - Contestation of claims

Appeal by the deceased’s former wife from an order dismissing her application to file a claim against the estate of her former husband seeking variation of his will in her favour and to contest the validity of the will. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Friday, June 15, 2018 @ 8:39 AM

WILLS - Codicils - Testator’s intention to be given effect

Application by the executors for rectification of a codicil. ... [read more]

Wednesday, June 13, 2018 @ 8:46 AM

Planning for succession of a cottage or vacation home: Matrimonial issues cottage_gift_sm

Owners of cottages or vacation homes often have concerns and worries when it comes to succession issues. Alleviating or minimizing these concerns requires a review of three main types of considerations: personal and emotional, tax and matrimonial issues. ... [read more]

Wednesday, June 06, 2018 @ 9:00 AM

Fraud, fiction and the Land Titles Act false_identiry_sm

When it comes to title and identity fraud and real property, the issue typically involves the conflict between the entitlement of a person to rely on the parcel register and a perhaps equally innocent person whose property rights have been compromised due to a fraud. ... [read more]

Monday, June 04, 2018 @ 8:39 AM

Planning for succession of a cottage or vacation home: Consider the taxes cottage_tax_sm

Concerns about inheritance of the cottage or vacation property, including who, how and when are often worrisome for owners. In our last article, we discussed personal and emotional considerations in planning for the succession of a cottage (or other vacation home). This article will focus on the tax issues to be reviewed when planning for a cottage or vacation home. ... [read more]

Thursday, May 31, 2018 @ 11:46 AM

Do the math on lifetime gifts to make parents’ will fair equal_shares_sm

A common wish of parents is to treat all of their children “equally”. While that may be easy to satisfy from death forward by way of an equal distribution in a Will, taking account of lifetime benefits can be problematic ... [read more]