Tyler Lin

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Tyler Lin completed his articles at de VRIES LITIGATION LLP. His practice focuses on estate, trust and capacity litigation.

When Does a Class of Beneficiaries Close?

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“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a question. Who are the precise members of this type of undefined class? Is the testator referring to people who fit….

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Estate Administration, Estate Litigation, Estate Planning

Lost in Translation: Clients Who Do Not Speak English

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Canada is one of the most culturally diverse countries in the world. Ontario is amongst its most diverse provinces. As globalization continues, Ontario’s lawyers will undoubtedly encounter a continued increase in client diversity. What are a lawyer’s responsibilities when faced with potential clients who do not speak either of Canada’s official languages? How should civil litigators deal with potential clients who want to move forward with establishing a relationship despite….

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Uncategorized

Reaffirming the Status Quo of Beneficial Designations: the saga of Calmusky v. Calmusky continued

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The Rippling Effects of Calmusky v. Calmusky In March of 2020, Lococo J.’s decision in Calmusky v. Calmusky made waves in Ontario’s legal community. (For this reason, it was included in our top 20 estate law cases of 2020. An excellent summary and analysis of that decision by my colleague Demetre Vasilounis can be found here). By applying the law on the presumption of resulting trust to an RIF, Lococo….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Resulting Trust, Succession Planning

How the ‘Hotchpot Clause’ Lost its Groove: the marriage settlement trust and myth of women’s legal disabilities

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What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from receiving more his intended share. It does so by taking into account of all prior advances and testamentary gifts. For….

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Estate Planning, Interest, Uncategorized, Wills

Bill 245: Innovative Updates to the Succession Law Reform Act

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Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual witnessing of powers of attorney and wills. These changes were brought on a temporary basis, with the tock-down measures imposed….

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Estate Administration, Estate Planning, In the News, Interest, Uncategorized

Can a McDonald’s Paper Napkin be a Valid Will?

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We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six months before he passed, testator Philip Langan was dining at a McDonald’s restaurant in May or June of 2015 when….

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Estate Planning, Family Conflict, Interest
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