Estate Administration

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ON A PAPER NAPKIN, DID YOU SAY?

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The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit it to be accepted as a valid holograph will.  The Court had to decide whether the will met the test….

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Contested wills, Courts, Estate Administration, Estate Litigation, Family Conflict, Property, Wills

The Effect that Covid-19 is having on Administering Estates

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I, like many of my colleagues, have been working from home for what feels like an eternity now.  While I’m used to working remotely a couple of days a week, I don’t have to convince others who are now working remotely five days a week that….

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Estate Administration

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills

Accommodating Beneficiaries of a Will With Differing Gender Identities

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The symbol for people who identify as non-binary.

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….

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Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

ALEXA? How do I access my online account? Administering Estates in a Digital Age

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This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust  Amidst the current landscape, many of us are self-isolating at home and finding ways to entertain ourselves. Often, this means relying more heavily on social media and digital technology. Many of us have adapted our typical business practices and move toward an (even more) paperless society. Planning for digital assets is not a new topic, but during this….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills
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