Courts

Total 59 Posts

Scheming With a Purpose

• • 0 Comments

This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In addition, the court’s inherent “scheme-making power” may save a charitable gift where the charitable purpose cannot be carried out, or….

Scheming With a Purpose Continue Reading »

Charitable Giving, Courts, Estate Donations, Estate Planning, Wills

Undue Influence: A Primer

• • 0 Comments

Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack of testamentary capacity, it is not always so. In fact, undue influence may exist even where the testator has capacity….

Undue Influence: A Primer Continue Reading »

Contested wills, Courts, Estate Litigation, Undue influence, Wills

Contempt and Custodial Sentences

• • 0 Comments
A storm approaches. The vista of mountains and a man standing upon a mountain that the storm has not yet reached.

On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these terms will be used interchangeably) for civil contempt…..

Contempt and Custodial Sentences Continue Reading »

Courts, Estate Litigation, Executors, Fiduciary Professions, Liability, Trustee

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

• • 4 Comments

Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier Continue Reading »

Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

A Reminder of the Importance of a Cy-Près Clause

• • 0 Comments

As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….

A Reminder of the Importance of a Cy-Près Clause Continue Reading »

Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving

Lam v Law Estate: Gender bias permits variation of discriminatory will

• • 0 Comments

Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

Lam v Law Estate: Gender bias permits variation of discriminatory will Continue Reading »

Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills
Scroll to Top