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Can a Revoked Will Be Revived by a Holograph? 

In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act  (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts:  Harold Franklin Campbell died on June 11, 2020. He was survived by his two children of his first marriage, Christopher and Lisa, and his second wife, Carol. Following the death of his….

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Bringing a Tort Claim as an Estate Representative

Typically, estate litigation involves guardianship disputes and fights over a deceased person’s property.  In rare instances, however, estate litigation crosses over into the unfamiliar domain of personal injury law.  A recent example of this crossover can be found in the case of Campeau-Proulx v Bancroft. The facts in Campeau-Proulx v Bancroft were tragic.  On June 15, 2019, two-year old “M.B.” drowned while in the care of her father during an….

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THE IMPORTANCE OF GOOD ADVICE IN ESTATE PLANNING

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  Estate planning is a complex and emotional process under the best of times. Adding on the natural intricacies that accompany mixed families and second marriages only further adds to these emotional complexities. While it is an uncomfortable topic of conversation, it is especially important that couples in complex family situations sit down and have honest….

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The Famous Tractor Case

This Blog was written by: Taylor Sergeant When I read about this famous case out of Saskatchewan it immediately spoke to me: my father is a farmer, and anytime I hear anything about tractors or farming, my ears perk up, and I am always immediately interested. The facts: June 8, 1948, Cecil George Harris, a farmer in Rosetown, Saskatchewan, went to work, and tragedy hit in the field. When he….

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Teamwork: An Essential Piece in Estate and Incapacity Planning

This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management They say that “teamwork makes the dream work.”  In an estate and incapacity planning context, you will need to create a team to execute the vision you document in your Will and incapacity planning documents. This team could include: Executor(s); Power of Attorney(s) for Property; Power of Attorney(s) for Personal Care; Guardian(s) for Minors;….

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‘Til death do us part … the bank accounts: A warning for common-law couples

This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Summer is upon us, in all its glory. After a pandemic hiatus, my calendar is dotted with weddings to attend for friends and family members. But is this summer spectacle going the way of the dodo? I don’t think so, but marriage is certainly on the decline in Canada. Statistics Canada reported last year that 2020….

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