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Wills, Trusts & Estates

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Thursday, February 01, 2018 @ 8:32 AM - Last Updated: Friday, February 02, 2018 @ 3:50 PM

What Chuvalo decision says about litigation guardianships in family law

The use of a litigation guardianship in family law proceedings has recently come into the limelight through recent news about Canadian boxing legend George Chuvalo, now 80 years of age. ... [read more]

Monday, January 29, 2018 @ 9:45 AM

B.C. Court of Appeal ruling could be leading case on contracts, trusts: lawyer Barry Kirkham, Owen Bird Law Corporation

The B.C. Court of Appeal has ruled against an Ontario-based company in its quest to obtain information about a voting trust agreement it set up with a business associate, a decision the appellant’s lawyer says could become a leading case on the interface between contracts and trusts. ... [read more]

Monday, January 29, 2018 @ 8:27 AM

WILLS - Testamentary capacity - Legal capacity - Knowledge and approval - Of contents of will - Mental capacity - Evidence - Onus of proving capacity

Appeal by Stekar from trial judgment dismissing his application for probate of a 2012 Will. ... [read more]

Friday, January 26, 2018 @ 8:33 AM

Proving incapacity to marry the key to fighting predatory marriages predatory_marriage_sm

A “predator” is defined as an animal or person that hunts a weaker animal or person. This term has begun to apply to caregivers for vulnerable seniors who exploit their position of trust. ... [read more]

Thursday, January 25, 2018 @ 1:40 PM

Disclosure of family trust at centre of appeal in P.E.I. divorce case Spencer_Campbell_sm

Forcing financial disclosure from a non-party in divorce proceedings was front and centre in an East Coast appeal involving a woman wanting to know the value of a family trust set up by her ex’s late father. ... [read more]

Wednesday, January 24, 2018 @ 8:35 AM

NOTARIES - Powers and duties of notary

Appeal by the Society of Notaries Public from the dismissal of its application for a declaration that notaries were authorized to draw wills that created life estates or trusts. ... [read more]

Tuesday, January 23, 2018 @ 8:33 AM

MARITAL PROPERTY - Division of family property on death - Practice and procedure - Limitation periods

Appeal by Baker from the summary dismissal of his application for an order dividing the property of his estranged spouse, Ramsdell, following Ramsdell’s death. ... [read more]

Monday, January 22, 2018 @ 11:06 AM

Revenue Quebec can issue demand letters to third parties outside province, Appeal Court rules

The Quebec Court of Appeal has ruled the province’s tax authority can issue demand letters and request the disclosure of financial information from third parties outside the province to determine whether a taxpayer is subject to the province’s tax laws. ... [read more]

Monday, January 22, 2018 @ 8:25 AM

Aging population protected by SCC proprietary estoppel decision

When children plan for the care of their elderly parents, promises are often made among family members. From time to time, the promises involve one sibling giving up part of their inheritance in exchange for the other caring for their aging parents. These promises often involve ambiguous terms, or are not properly documented and are therefore unenforceable since they do not constitute binding agreements. ... [read more]

Friday, January 19, 2018 @ 9:22 AM

The rights a common law partner has against estate of a deceased partner

An important aspect of the division of property or to support are the rights of an unmarried person who is in a conjugal relationship. ... [read more]