Wills

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And the Oscar goes to………..

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This Blog was written by : Natalie Rouse   The 2017 Oscars are just around the corner and last year’s drama “Manchester By the Sea”, starring Casey Affleck and Michelle Williams, is sitting pretty. It has been nominated for a whopping 6 awards. It also recently won the Golden Globe for Best Actor, and was nominated in 4 other categories. The movie tells the story of Joe, who is a….

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Estate Planning, Guardianship, Uncategorized, Wills

Will Challenges and the Well – Acquainted Lawyer

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary capacity and by extension, in determining the validity of a will. Bachman v. Scheidt, 2016 SKCA 150 Bachman v. Scheidt….

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Contested wills, Credibility, Estate Planning, Family Conflict, Testamentary Capacity, Undue influence, Wills

Appeal Court: Fraudulent Concealment Stopped the Clock

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I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The application judge found that the ex-wife’s….

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Estate Litigation, Wills

RRIF rollovers and grandchildren.

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Can RRIF proceeds paid after death to a testamentary trust, and used to purchase an annuity for the deceased’s grandson, qualify for a tax deferred rollover? The Canada Revenue Agency (“CRA”) was recently asked to rule on the following set of circumstances and facts. The grandson’s parents were incapable of caring for him and he was placed in the annuitant’s custody. He lived with the annuitant and she provided financially for all his needs. The….

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Canada Revenue Agency, Dependant Support, Estate Administration, Estate Planning, In the News, Investments, Resulting Trust, Tax Issues, Trustee, Trusts, Wills

Mutual Wills versus Reciprocal Wills

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In the Ontario Superior Court decision, Lavoie and Trudel, 2016 ONSC 4141 (“Lavoie and Trudel”), the court was tasked with determining the validity of a will made on December 5, 2007 (the “2007 Will”) by the deceased, Lucien Trudel (“Lucien”), following his wife, Madeleine Denis’ (“Madeleine”) death.  Among the issues concerning the validity of the 2007 Will was whether the wills made on March 30, 1983 (the “1983 Wills”) by….

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Estate Planning, Wills
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