Wills, Trusts & Estates

Wednesday, August 16, 2017 @ 09:54 AM

Appeal by the Polish Alliance of Canada (PAC) from an application judge’s decision that 100 per cent of the members of a PAC branch had voted to leave the PAC and that the “clubman’s veto” applied. The PAC was an umbrella organization that had as its object the promotion of the general cultural, education and social welfare interests of its members. ... [read more]

Wednesday, August 09, 2017 @ 09:11 AM

In the past 10 years, the number of common law couples in Canada has grown at something like four times the rate of married couples. And while it’s not surprising to lawyers that common law relationships are not the same as marriage, it can still be surprising to “normal” people. ... [read more]

Tuesday, August 01, 2017 @ 08:37 AM

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets. ... [read more]

Friday, July 28, 2017 @ 07:15 AM

Is jointly owned real property which otherwise would appear to pass to the surviving joint-owner by right of survivorship available to satisfy the debts of the deceased joint-owner should his or her estate later be found to be bankrupt or insolvent? ... [read more]

Tuesday, July 25, 2017 @ 08:24 AM

Appeal by the estate of Father Crampton from the dismissal of its motion to have a cross-claim against it dismissed as statute-barred. ... [read more]

Thursday, July 20, 2017 @ 08:21 AM

Appeal by the estate from a motion judge’s decision dismissing the estate’s action for damages for injuries. ... [read more]

Wednesday, July 19, 2017 @ 01:49 PM

WEL Partners has announced that Alexander J. Swabuck is its newest associate. ... [read more]

Wednesday, July 19, 2017 @ 09:34 AM

For the last decade — and probably longer — the surveys have been saying the same thing: the number of Canadians who still don’t have a Will is not budging. ... [read more]

Monday, July 10, 2017 @ 07:36 AM

New Brunswick is the only province in Canada that does not have stand-alone power of attorney legislation in place. That reality is now causing controversy for the attorney general and increased concern within the legal community. ... [read more]

Wednesday, July 05, 2017 @ 08:52 AM

It is a fundamental principle of contract law that parties to a contract must mutually consent to a contract’s terms. A contract can be voided if one party’s consent was given under domination or duress. Courts may, for instance, set aside testamentary documents that are created in circumstances where the testator, grantor or donor was subject to “undue influence.” ... [read more]