PRACTICE AREA: Estates & Trusts

Digest of the Week | Intestate Succession

Although unusual, it was possible for person who dies without will to leave behind two or even more persons who might qualify as "spouse" under WESA for purposes of intestate estate distribution

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Digest of the Week | Costs Against a Personal Representative

Daughter failed in her role as fiduciary towards her father, and defendants’ posture amounted to more than mistake

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Digest of the Week | Compensation for Estate Trustees

Trustees were entitled to reimbursement for disbursements but not to compensation, as they had not presented time dockets and had engaged in troubling conduct with suggestions about trust that were contrary to beneficiary’s interests

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Digest of the Week | Dependants' Relief

By clawing back into father's net estate only that portion of proceeds of life insurance policy in excess of amount required to satisfy father's family law support obligations, funds may be made available to support other dependants while discharging existing support obligations

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Digest of the Week | Property in Reproductive Material

Deceased freely and repeatedly expressed his consent to wife's use of reproductive material following his death

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WeirFoulds Estates & Trusts Newsletter | Financial Abuse of the Elderly

Recent License Appeal Tribunal decision provides guidance on the issue of financial abuse of the elderly

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WeirFoulds Estates & Trusts Newsletter | Limitation Periods

Two recent Ontario Court of Appeal decisions concerning the application of limitation periods in trusts and estates litigation are discussed

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WeirFoulds Estates & Trusts Newsletter | Doctrine of Rectification

In Canada v. Fairmont Hotels Inc., the Supreme Court of Canada narrows the scope of the doctrine of rectification

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Digest of the Week | Meaning of

The British Columbia Supreme Court discusses how to interpret "survive ... by five days" in the Wills, Estates and Succession Act.

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Proof of Facts | Appointment and Removal Personal Representatives

General discussion on the appointment of executors and administrators and their rights and duties in these roles.

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WeirFoulds Estates & Trusts Newsletter | Medical Assistance in Dying

Author discusses Bill C-14 and the important implications for regulators, medical practitioners, nurse practitioners, and individuals seeking medical assistance in dying.

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CED: An Overview of the Law - Trusts

This post outlines the general principles of trusts, including: trusts distinguished from other relationships, secret trusts, express trusts, the three certainties, precatory trusts, application of the Statute of Frauds, and the creation of an express trust.

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