In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.
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Ontario Court of Appeal Considers When is a Gift Not a Gift Continue Reading »
Estate Litigation, Succession Planning, WillsThe testator disinherited her only son who was 51 years old and suffered from Hepatitis C. The son sought an order that adequate provision be made for his proper maintenance and support from his mother’s estate. A good discussion of the principles of dependant support.
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Man vs. Beast Continue Reading »
Contested wills, Estate Litigation, Philanthropy/Charitable Giving, WillsLast week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge…..
Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions. ….
What happens when an estate trustee distributes money to the wrong beneficiary or distributes the wrong amount?
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Change of Circumstance Defence Continue Reading »
Estate Administration, Estate Litigation, Executors, Wills