MT Estate Litigation Blog

Notary's public pen and stamp on testament and last will

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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Can a will be annulled?

October 19, 2021 | Stéphanie Tremblay

Have you ever wondered whether a will can be annulled after the testator’s death? People do not always leave a will behind before they pass away. When no will can be located, the distribution of the deceased’s property is determined...

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Thoughts on final resting places

August 19, 2021 | Stephen Mulrain

Testators generally put much thought into the distribution of their estate. In addition, many testators give instructions for their funeral, how their remains are to be handled and where their remains should be placed. However, many testators may not consider...

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Deception and Dower: Cases of Dower fraud in Alberta and Saskatchewan

June 9, 2021 | Anna Kosa, Stephen Mulrain, Alissa Ricioppo

The forms and procedures required in Alberta’s and Saskatchewan’s provincial “homestead legislation” create dower rights, which act as safeguards to protect spouses who do not own their homes (the non-owning spouse) from having their homes sold without their consent. However,...

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Why competent legal advice is fundamental

May 5, 2021 | Debra Curcio Lister, Jordon Magico

Interpretative principles reiterated – “for awhile” does not mean indefinitely Four main principles of will interpretation were recently illustrated in Kirst Estate (Re), 2020 ABCA 233. In that case, the deceased left all of his assets, the most significant of...

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Pour over clauses and the Quinn estate

March 17, 2021 | Alexander Swabuk

Connections between Canadians and Americans have never been as abundant or transparent as they are now as many Canadians own American property, have American spouses or partners, and have children and grandchildren born or living in the United States. As...

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A prayer for cy-près

March 8, 2021 | Lyndsay Hone

What happens when a well-intentioned philanthropist has outlived or misnamed the charity they intended to benefit on their death? Funds a testator has earmarked for a particular philanthropic purpose or organization cannot always be used as they were intended. When...

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Rempel Estate v. Dudley: Curative Powers found within the Wills, Estates and Succession Act, SBC 2009, c 13

December 1, 2020 | Alexander Swabuk

The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to non-compliant documents that constitute a deceased’s testamentary intention....

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Jacobson Estate: Testamentary intentions v. strict compliance

September 24, 2020 | Alexander Swabuk

The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to the validity of certain gifts. Jacobson Estate...

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Bill 21: Electronic wills in British Columbia

August 27, 2020 | Alexander Swabuk

Following the surge of the COVID-19 Pandemic, the BC Legislature undertook a myriad of proactive measures to assist the general public. One such step from an estate planning perspective was the introduction of Bill 21: Wills Estates and Succession Amendment Act,...

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A trustee’s duties in volatile markets

August 6, 2020 | Pia Hundal, Dwight D. Dee, Darren Lund

Introduction Market volatility arising from the COVID-19 pandemic is unlike anything experienced in recent history. Two of the largest single day drops in the history of the Dow Jones Industrial Average occurred in March 2020. Later that same month, the...

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Displaying 1-10 of 22

Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.