Contested wills

Total 117 Posts

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

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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

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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,….

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

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

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This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….

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Contested wills, Uncategorized, Undue influence

Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

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The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..

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Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts

Divisional Court Appeals: Not The Place For New Issues

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In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear whether the house was sold before or after the deceased’s death). At some point, litigation was commenced. While the exact….

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Contested wills, Cottage, Estate Administration, Estate Litigation, Family Conflict, Wills
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