Estates and Trusts Litigation

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Pour over clauses and the Quinn estate

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

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

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

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

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

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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Beneficiaries as a witness to a will: The impact and effect of Section 43 of the WESA

In order for a will to be valid, a will must meet certain formal requirements. These requirements, often referred to as “testamentary formalities,” are relatively standard throughout the common-law world and relatively well-known. In particular, a valid will in British...

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Contesting a Will – overview

This posting provides an overview of some common grounds on which to challenge a Will. Each of the topics mentioned in this post is worthy of a separate, more in-depth article, and we will keep updating this article with the...

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Commiteeship under the PPA: Criteria for selection

In British Columbia, the Patients Property Act, R.S.B.C. 1996, c. 349 (the “PPA”) sets out the legislative framework and authority for an individual to apply for the right to manage an incapable person’s personal and financial affairs. Section 6 of...

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Committee applications: Duties and costs

There is a presumption at law that every adult is capable of making decisions. As a society, we take this presumption seriously in ensuring our rights are not unnecessarily taken from us and that we have autonomy concerning our own...

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COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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MT Estate Litigation Blog

Read the latest from our MT Estate Litigation blog.

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