intestacy

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

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This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills

Is a Foster Child Entitled to Take Under an Intestacy?

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In Estate of Sydney Monteith v. Monteith, the court declined to award a share of the Deceased’s estate to his foster sister. Sydney (the “Deceased”) died on March 16, 2022. He left no Will. He had no spouse or issue and was predeceased by both his adoptive parents. Pursuant to s.47(4) of the Succession Law Reform Act (“SLRA”), Sydney’s estate would be distributed equally among his surviving siblings and/or the….

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Estate Administration

Intestacy and Removing an Estate Trustee

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In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate.  The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation

Who is a “Spouse”?

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A ‘Playboy’ Millionaire’s Legacy The estate litigation of dismembered multi-millionaire Gang Yuan has once again made headlines. Last Friday, the British Columbia Court of Appeal denied leave to appeal by one of five mothers to his children who sought to establish that she was a “spouse” to Mr. Yuan. Mr. Yuan came to Canada in 2007. The ‘playboy’ millionaire fathered 5 children with 5 mothers, while romantically engaging as many….

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Estate Administration, Estate Litigation, In the News, Uncategorized

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy

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The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee due to the court’s general supervisory role over officers of the court and internet rumours. Tanya Davies was a prominent….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, In the News
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