December 6, 2017

Curtailing Frivolous Will Changes

Written by Rebecca Studin

Estate litigators would be wise to sharpen their skills and revisit what it means to launch a will challenge when confronted with only the flimsiest of evidence.

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You Can’t Gift What You Don’t Have

Written By Jacob Kaufman

 While Mary had more than $100,000 at the bank, her chequing account did not contain sufficient funds for the cheque to clear. Six days later, Mary died.

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Lost Wills – More Complicated than Losing Your Keys

Written by Gillian Fornie

In certain circumstances, a lost or destroyed will may be admitted for probate and the deceased’s estate distributed according to its terms.

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The Living Hands that Control the Graves

Written by Gillian Fornie

 As a law student, my trust law professor brought in a “dead hand” to help us remember the rule against perpetuities. The prop was effective . . .

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Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims

Written by Rebecca Studin

Under s.38(3) of the Trustee Act, an action against an executor or administrator of an estate for a wrong committed by a deceased person must be brought within two years of the date of death.

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