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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Spousal claims against estates: The utility and impact of domestic contracts

June 18, 2020 | Alexander Swabuk

Although marriage is often regarded as a rite of passage that carries with it intense societal significance, a recent survey reported by Statistics Canada has revealed that 41% of all married couples in Canada will either separate or divorce before...


Challenging a Will based on undue influence

June 11, 2020 | Christopher Crisman-Cox

A Will is not valid if it is the result of “undue influence”, but what exactly does that mean? Before going to court to challenge a Will on this basis, it is important to look closely at what exactly qualifies...


COVID-19 and the suspension of limitation periods in British Columbia: Possible implications for the distribution of an estate and ongoing estate litigation

June 4, 2020 | Alexander Swabuk

On March 19, 2020, the Supreme Court of British Columbia suspended regular operations to protect the health and safety of court users and to help contain the spread of COVID-19. All civil and family matters scheduled for hearing between March...


What is probate?

May 28, 2020 | Christopher Crisman-Cox

Many people are confused by the term “probate”. They likely know it is connected to Wills in some way, but they do not know exactly what it is, and why it is required. In essence, “probate” refers to the process...


The perils of will kits during the Coronavirus pandemic

May 21, 2020 | Jacklynn Pivovar

During the Coronavirus pandemic (COVID–19) many people may be doing a Google search on “do-it-yourself” will kits to try to get their financial and family affairs in order.  You might believe these will kits are an inexpensive and easy way...


What if an estate has been mismanaged?

May 14, 2020 | Christopher Crisman-Cox

Beneficiaries of an Estate are sometimes concerned that an Estate Trustee may be mismanaging Estate assets in one way or another. When this happens, open and frank communication between the Estate Trustee and the beneficiaries can often go a long...


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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.