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Wills, Trusts & Estates

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Thursday, October 31, 2019 @ 8:47 AM

Capacity for a will: The Banks test testator_capacity_sm

The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity, much due to the judicial foresight of Chief Justice Alexander James Edmund Cockburn, it has not been without criticism. It is hard to imagine Justice Cockburn foreseeing the depth of medical research into diseases such as Alzheimer’s, which we now rely upon in the present day, but the considerations he included in his test remain. ... [read more]

Wednesday, October 30, 2019 @ 8:22 AM

Proprietary estoppel: Promises made, promises broken lonesome_cowboy_sm

Justice Susan Woodley’s opening lines in Mulholland v. BMO Trust Co. 2019 ONSC 5785, are telling: “Few proceedings are as complicated, contentious, or costly, as an estate dispute amongst family members. This proceeding is no exception.” ... [read more]

Tuesday, October 29, 2019 @ 12:30 PM

Late filing of form T1135 in Moore v. The Queen Hands filling out form

Canadian residents, which include corporations and individuals, as well as certain partnerships or trusts that own specified foreign property (SFP) that has a cost of over $100,000 at any time during the year, must complete form T1135, the Foreign Income Verification Statement. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 9:02 AM

New Intestate Succession Act poses challenges for Saskatchewan lawyers

Individuals dying without a will in Saskatchewan will now have their estate examined through a new legal lens. Effective Oct. 1, the province has proclaimed the Intestate Succession Act, 2019. One of the key differences between the new legislation and its predecessor, passed in 1996, deals with common descendants, individuals who are both descendants of the intestate and the spouse. ... [read more]

Monday, October 28, 2019 @ 8:32 AM

Nova Scotia decision on dependants’ relief redefines testator’s ‘liberty’ money_fight_sm

The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. ... [read more]

Thursday, October 24, 2019 @ 9:08 AM

TRUSTS - Express trusts - Requirements

Appeal by Brenda and others from a determination of legal and beneficial entitlement to income distributions from a real estate investment. ... [read more]

Wednesday, October 23, 2019 @ 9:30 AM

Digital estate myth #3: Digital executor solves the problem digital_things_sm

Digital assets remain one of the least understood aspects of estate planning and estate administration. ... [read more]

Tuesday, October 22, 2019 @ 9:05 AM

SCC’s Gascon encourages lawyers and judges to talk openly about anxiety, depression Exclusive

Judges of the Supreme Court of Canada are legal icons, so it’s easy to forget that they are human beings and struggle with the same afflictions as the rest of us. That’s why retired Justice Clément Gascon’s decision to reveal that he lives with anxiety and depression has been so salutary for the legal profession’s awareness of, and efforts to destigmatize, the mental health challenges so many lawyers and judges face. ... [read more]

Thursday, October 17, 2019 @ 1:02 PM

The neverending story of excluded property in B.C. House with stoplight

The Family Law Act and its regime on “excluded property” was thought to bring more clarity and fairness to family law litigation in B.C. However, it seems to have at times confused cases. ... [read more]