Contested wills

Total 114 Posts

Do Personalty Clauses Cover All Personalty?

Today’s blog was written by guest blogger, Yvonne Mazurak, Articling Student at  Fasken LLP. With today being Black Friday, it seemed appropriate to write a post about things. Afterall, many of us will likely spend some time this weekend taking advantage of Black Friday deals and buying things for our loved ones (and possibly for ourselves as well). Personal items, or personalty, can be bequeathed to beneficiaries through the use….

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Contested wills, Estate Planning

Charitable, but not that charitable

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the heart of pending litigation between Eleena’s family and the SPCA. Eleena’s Will, executed in 2003, leaves $440,000 in specific bequests….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, In the News

Electronic Wills in Ontario: Growing Interest, Growing Need, or Growing Concern?

A few months ago, I was sent this article in the Globe and Mail.[1] The article explores the notion of introducing legislation to legalize electronic wills in Ontario. Although some of us here in the estates and trusts world have experience deducing what the positives and negatives of electronic wills might be, I found the article interesting because it represents an instance where the discussion surrounding electronic wills is making….

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Contested wills, Estate Planning, Wills

You Can’t Always Get What You Want, But … You Get What You Need

In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

You Can’t Always Get What You Want, But … You Get What You Need Continue Reading »

Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
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