Estate Litigation

Total 413 Posts

The Bio-Psycho-Social Approach to Capacity Evaluation

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Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors…..

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Atypical Asset Administration (Part 2)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Welcome back! This is Part 2 of a two-part series on unusual assets and estate administration. For part one, please see my blog post here. Typical assets in an estate consist of real property, automobiles, corporations, investments, cash, jewellery and artwork. What I would call the “easy” stuff. But sometimes there are collections, specialized equipment, intangible assets….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

Executors: Beware of the Risks

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  An estate trustee, also known as an executor, is responsible for administering the estate of the deceased and carrying out the terms of the Will (or other testamentary documentation). The recent article by Rebecca Studin titled “Pass Your Accounts, or Risk Jail Time” led me to think about the consequences of acting (or failing to act)….

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Courts, Estate Litigation, Executors

What Happens to the Residue of an Estate when a Life Tenant Survives all other Beneficiaries?

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In a recent British Columbia case, the court was asked to interpret the residue clause of a will. The testator’s wife held a life interest in the Estate’s property and was a beneficiary of an ongoing testamentary trust. However, both her stepchildren (and presumed receipients of the residue of the Estate) predeceased her. Background  The testator died in 1979.  He was survived by his second wife (Marion), his adult son….

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Estate Litigation, Wills

A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances

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A testator must have knowledge and approved of the contents of her will. This is one of the requisite elements for proving a will in a solemn form. Knowledge and approval, and its closely related cousin of due execution, is generally viewed as an easier test to meet compared with testamentary capacity. But knowledge and approval may be difficult to establish where suspicious circumstances exists. Ordinarily if certain conditions are….

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Contested wills, Estate Litigation

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations

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In Alger v. Crumb, the Ontario Court of Appeal confirmed that a general revocation clause in a will did not revoke the testator’s TFSA and RRIF beneficiary designations. The Court concluded that under s. 51 and s. 52 of the Succession Law Reform Act (“SLRA”), the beneficiary designations have to be expressly referenced in a revocation clause and dismissed the appeal. Background The testator was survived by her four children.  Her four….

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Estate Litigation
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