PRACTICE AREA: Estates & Trusts

Choquette v. Viczko (2017), 2017 CarswellSask 350, 2017 SKQB 191 (Sask. Q.B.)

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Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it

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Chafe Estate v. Chafe (2017), 2017 CarswellNfld 285 (N.L. T.D.)

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Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator

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Killam v. Killam (2017), 2017 BCSC 175, 2017 CarswellBC 262 (B.C. S.C.)

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Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased

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WeirFoulds Estates & Trusts Newsletter | Recent Decisions Involving Powers of Attorney

Featured in this issue are digests of recent decisions involving powers of attorney.

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Phrase of the Week | Certainty of Intention

Angus v. Port Hope (Municipality) (2017), 2017 ONCA 566, 2017 CarswellOnt 10123 (Ont. C.A.)

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Enhanced Text and Annotations Library

The enhanced Text and Annotations Library is coming soon in September on WestlawNext Canada.

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Digest of the Week | Applicant Sought Sole Custody of Remains

Widow sought to be granted sole custody of deceased’s remains

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Sample Estates and Trusts Legal Memo | Void for vagueness

Can a clause in a will be void for vagueness or uncertainty? View sample legal memo.

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Digest of the Week | Incapacity and Guardianship

Mother, age 90, suffered from Alzheimer’s disease -- Her four children could not agree on her care -- M and A applied for declaration of mother’s incapacity and their appointment as guardians of her personal care and property

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