PRACTICE AREA: Estates & Trusts

This excerpt from the updated Wills title examines Canadian law with regards to rectifying and curing deficiencies in wills

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The testatrix provided in will that if any of her children, or combination of them, wished to purchase farm property, they could do so at 75 per cent of appraised market value provided they entered into agreement of purchase and sale with her trustee within one year of date of her death. The testatrix's intention in the face of competing offers from the children could not be ascertained.

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Quinn Estate (2018), 2018 CarswellBC 543, 2018 BCSC 365 (B.C.S.C.)

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Miller Thomson on Estate Planning, release 2018-1, discusses issues related to tax dispute resolution.

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Applicant, who still lived in luxury condominium she had shared with deceased, brought motion for interim support pending return of her application for adequate provision for her support from his estate pursuant to Succession Law Reform Act

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Rubner v. Bistricer (2018), 2018 CarswellOnt 4501, 2018 ONSC 1934 (Ont. S.C.J.)

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Daughter did not keep proper records as she was going along, but she supplemented her own records with records made independently by various financial institutions, and she gave detailed explanations to best of her ability

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Class v. Smith (2018), 2018 ONSC 623, 2018 CarswellOnt 5705 (Ont. S.C.J.)

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On balance of probabilities, deceased died intestate and without lawful heirs

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Quinn Estate (2018), 2018 BCSC 365, 2018 CarswellBC 543 (B.C. S.C.)

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Executor of deceased’s estate sought determination as to whether pour-over clause in his will for Canadian assets was invalid, and, if so, whether it was cured by s. 58 of Wills, Estates and Succession Act

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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