All About Estates

Angelique Moss

Total 19 Posts

An Estate Trustee’s Imprisonment, Without Possibility of Parole

A recent decision of the Ontario Superior Court sentences an estate trustee to a lengthy term of incarceraction, without the possibility of parole, for contempt of court.

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What Do Dependants’ Support, Gratuitous Promises and Kiwis Have in Common?

New Zealand may be thanked for our dependants’ support legislation, says Professor David Freedman. What kind of support claims will bedevil our courts in the future?

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Werbenuk v. Werbenuk: Righting a Will’s (and a testator’s) Wrongs

A testator excludes his 4 adult daughters from his estate, leaving everything to his son. A B.C. court effectively redistributes the estate equally between the testator’s children. Can this happen in Ontario too?

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To Undue, or Not too Undue? What Does Undue Influence Look Like?

Absent threats and promises, can “working on” an elderly testator over a period of time constitute undue influence? A recent decision of the B.C. Court of Appeal upheld a trial judge’s decision finding that this kind of persuasion was enough to consitute undue influence.

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