Capacity in the Estate Context
I was invited to speak at a Law Society of Upper Canada CLE seminar that took place on October 30, 2012. It featured many people who I consider some of the best practioners in this area. My paper[1]...
View ArticleDealing with a Testator Whose English is Suspect
It seems self evident and almost trite to say that a will must reflect the intention of the testator. Accordingly, those parties who come to court and submit that the will in question is authentic and...
View ArticleUndue Influence in the Estate Context amongst Orthodox Jews – is Arbitration...
Is there a moral dilemma for the Orthodox Jewish litigator? On June 4, 2013, the B’nai Brith Canada Trust and Estates Group will be presenting a seminar on dealing with fraud as it impacts on the...
View ArticleLimitation Period Cheat Sheet
This cheat sheet is intended as a quick reference guide for estate litigators dealing with limitation periods. For a comprehensive review of this topic I refer the reader to articles written by senior...
View ArticleCan Lawyers Immunize Clients against Estate Litigation?
Careful estate planning can sometimes prevent a will challenge – but nothing is fool proof. The purpose of this short review is to look at one arrow in the estate planner’s quiver and see how...
View ArticleRabbi Moshe Feinstein and Halachic Wills
According to Jewish law (“Halacha”)[1], is an Orthodox Jew who accepts an inheritance under a secular will guilty of theft? It depends on who you ask. First some background. According to Halacha, dead...
View ArticleDistribution of estate by an Estate Trustee During Litigation
Is it appropriate for a court order to permit an Estate Trustee During Litigation (“ETDL”) to distribute the Estate? Possibly. The statutory authority to appoint the ETDL is found in Section 28 of the...
View ArticleThe ABCs of a Will Challenge
My big sister is one of the most loyal and regular readers of this blog. She is worldly and very intelligent, but frustrated how my use of legal terminology makes the blog less accessible to...
View ArticleHave Technicalities Trumped Substance in Wills and Estates?
Our law values the right of the individual to decide what happens to their money after they die. It protects that right by ensuring that certain rules are followed when a person (the “Testator”) signs...
View ArticleTrustbuster – The Rule in Saunders v Vautier
Trusts are often used to control children and grandchildren from the grave. Sometimes the will-maker (“Testator”) holds back the money until the beneficiary reaches a certain age. Other times the...
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