Estate Litigation

Total 418 Posts

By Branch But Within Its Own Class: Interpreting Per Stirpes in a Will

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Per stirpes. It is a term that is often used in estate planning and will drafting yet is also one which frequently causes problems. Perhaps because the meaning is not always understood, even by estates practitioners, and therefore the term is misused. Or it could be because the term can be interpreted differently when a testator’s intentions are taken into account.  In the recent decision in Jonas v Jonas, 2022….

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Estate Litigation, Wills

ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION

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Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake.  This conference brings together law clerks and paralegals working in various areas of law.  It is a great opportunity to network with colleagues you have not….

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Capacity Law, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Geriatric Care Management, In the News, Joint Tenancy, Power of Attorney, Undue influence, Wills

All About The Disappointed Beneficiary Claim

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What happens when a lawyer is retained by a testator to make a will, but that will is never made? While the testator (or their estate) may have a claim against the lawyer, do the beneficiaries of that unmade will also have a claim? The Historical Origin of “Disappointed Beneficiaries”: White v. Jones In this 1995 UK case by the House of Lords, the testator wished to revoke a prior….

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Contested wills, Estate Litigation

Update on Suggested Amendment for Capacity to Consent to MAiD

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I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence

Intestacy and Removing an Estate Trustee

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In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate.  The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation
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