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Wills, Trusts & Estates


Monday, February 05, 2018 @ 9:02 AM

Asset allocation: Simple instructions, complicated results estate_decision_sm

Many clients have seemingly simple instructions for their wills.  Gifting specific assets to certain beneficiaries are logical and straightforward for many testators.  “I want to give my investment account to John”. Such simple instructions give rise to many dramatic consequences that should raise red flags for the advisor.   ... [read more]

Monday, February 05, 2018 @ 9:01 AM

Think tank recommends Alberta adopt uniform rules on decision-making documents Katherine MacKenzie, Alberta Law Reform Institute

The Alberta Law Reform Institute (ALRI) is consulting with a wide swath of the public in hopes of making the province the first in the country to adopt rules that would allow for cross-country recognition of substitute decision-making documents such as powers of attorney and personal directives. ... [read more]

Thursday, February 01, 2018 @ 10:37 AM

Multi-corporation fraud decision advances case law on knowing assistance, counsel says Shara Roy sm

The Ontario Court of Appeal has allowed an appeal in a case involving a multi-million dollar real estate fraud it described as a “shell game” that left multiple parties competing for compensation. The decision, counsel says, advances the case law on knowing assistance. ... [read more]

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]