Archive for the ‘Estate Litigation’ Category

DUTY TO CORRECT EXAMINATIONS

Monday, July 21st, 2014

As we know, estate litigation can sometimes drag on for many years with the parties conducting multiple examinations for discovery. Over the course of time it can be easy to forget our obligations under Rule 31.09 of the Rules of Civil Procedure. According to the Rule, after an examination for ...

Trust Created in Holograph Will Fails

Thursday, July 17th, 2014

A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will.  The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy.  The ...

What if I can’t spell ‘WORLD’ backwards?

Monday, July 14th, 2014

Clinicians and lawyers are regularly exposed to a score on the Mini-Mental State Exam (MMSE) also known as the ‘Folstein test’ after the developer of the most widely used cognitive screening tool in the world. Yet it is one of the most misunderstood and misinterpreted tests in Medicine, not to ...