January 2022 brought significant changes to a governing statute in estates law: the Succession Law Reform Act[1]. One such change provides the Court with authority to declare a will valid and fully effective despite its non compliance with legislative requirements for formal execution.[2] The legislative requirements provide that a will is not valid unless: (a) it […]
Litigation is long, expensive, and stressful, and its outcome is never certain. This is why lawyers often encourage their clients to attempt to mediate their legal problems outside the court room. If a mediation is successful, the parties will enter into a settlement agreement which sets out the terms under which the parties agree to
In today’s global economy, it’s not unusual for an estate to hold property across several provinces or countries. Where litigation involving such an estate looms ahead, there is always the question of where to bring the claim, also known as jurisdiction. One thing to keep in mind is that each province is its own jurisdiction.
Overview Estate litigation is a long, slow and expensive endeavour. Will challenges, support claims or objections to the appointment of a trustee often drag on for years, and can swallow much of the value of the estate at issue. One way to avoid the cost and delay is through a mediated settlement agreement. The purpose
In the legal world, “testamentary intentions” refer to a person’s wishes for the administration of their estate and distribution of their assets after death. The last will and testament (often referred to simply as a “will”) is the document which sets out the testator’s (i.e. the person who signed the will) testamentary wishes. Problems arise
