Total 411 Posts
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer. Chadwick was best known for his role in Black Panther – the first superhero movie to ever be nominated for “Best Picture” among five other awards at the Oscars in 2019. Fans were shocked to….
A ‘Playboy’ Millionaire’s Legacy The estate litigation of dismembered multi-millionaire Gang Yuan has once again made headlines. Last Friday, the British Columbia Court of Appeal denied leave to appeal by one of five mothers to his children who sought to establish that she was a “spouse” to Mr. Yuan. Mr. Yuan came to Canada in 2007. The ‘playboy’ millionaire fathered 5 children with 5 mothers, while romantically engaging as many….
Who is a “Spouse”? Continue Reading »
Estate Administration, Estate Litigation, In the News, Uncategorized
A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..
Life Interest or Licence to Use? Continue Reading »
Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, WillsThis Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management As we emerge from the Covid restriction era and a new normal comes into focus in our day-to-day lives, new symptoms and side effects of Covid are coming into view. In the estate planning realm, in particular, the effects of irregularly signed documents are upon us. As the initial lockdowns of March 2020 took over, practitioners….
With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed property is not sold before the litigation is resolved. If the parties agree to remove a CPL so that the property may be sold, the agreement is generally contingent on holding the sale proceeds in trust pending….
How much security is enough? Continue Reading »
Estate Litigation, Family Conflict, Joint Tenancy, Property, Real Estate, TrustsAs many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator is older or has cognitive limitations, and/or when there are known family conflicts and an anticipated will challenge. In addition,….
Testamentary Capacity and Expert Reports Continue Reading »
Capacity Law, Courts, Estate Litigation, Undue influence, Wills