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. ...

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 ...