Archive for the ‘Estate Litigation’ Category

The 1870 Test for Testamentary Capacity: time for an update

Thursday, October 27th, 2016

The leading case on testamentary capacity for almost 150 years has been that of Banks v Goodfellow – a judgment written on appeal by Chief Justice Cockburn of the English High Court in 1870.  The four broad criteria that emerged from his judgment have formed the basis of virtually every ...

Don’t Look a Gift House in the Mouth

Wednesday, October 26th, 2016

“A resulting trust arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner.” Pecore v Pecore (SCC). In 1969, Luisa immigrated from ...