How to Get Other Pockets to the Table: Adding Parties And Dependant’s Support

Wednesday, September 17th, 2014

Can individuals who may have an obligation to support a person making a dependant's support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time ...

New Brunswick Court Strikes Unconditional Bequest

Tuesday, August 5th, 2014

Today’s post is written by guest blogger Adam Parachin, Associate Professor of Law at the University of Western Ontario. In a recent decision – McCorkill v. Streed 2014 NBQB 148 – the New Brunswick Court of Queen’s Bench took the highly unusual step of striking an unconditional residuary bequest on the ...

Correcting a Mistake in a Will – What did the Testator Intend

Friday, July 25th, 2014

Elizabeth Ann McLaughlin died at the ripe old age of 98.  She was predeceased by her husband.  Together they had six children, including Daniel.  Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death, Mrs. ...