First Last, Author at All About Estates

Court of Appeal Upholds Testamentary Freedom

First Last • March 9, 2016

Today’s blog is written by guest blogger Adam Parachin, Associate Professor at the Faculty of Law at the University of Western Ontario.

The Ontario Court of Appeal has released its decision in Spence Estate (Re) 2016 ONCA 196. In reversing the lower court holding of Justice Gilmore, the Court of Appeal confirmed – wait for it – that testators are not obligated to benefit the persons they are not obligated to benefit. The most astounding feature of the judgment is that it was necessary in the first place…..

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Estate Litigation, Executors, In the News

Testamentary Freedom & The Charter of Rights and Freedoms

First Last • October 30, 2014

Today’s blog is written by William Lim, a law student at Western University and research assistant to Professor Adam Parachin, associate professor of law at Western University. As discussed in a recent blog by Professor Adam Parachin, the Court in McCorkill v. Streed 2014 NBQB 148 took the unusual step of striking an unconditional bequest to the National Alliance, a white supremacist organization, on the basis of public policy. The….

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Estate Planning

Elder Care Planning

First Last • October 24, 2014

A recent Ipsos-Reid report found older Canadians lack confidence in the health-care system’s ability to provide for seniors in the future. With the aging population and strains on the various government systems and agencies for seniors, elder care planning is becoming more crucial. The shift in the demographics of our society into an aged population will put additional strain on our health care system and our caregivers. Most individuals as….

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Estate Planning

New Intestacy Rules in the UK

First Last • October 16, 2014

As a common law jurisdiction with our roots in the United Kingdom it is understandable we have an interest in what happens “across the pond”. The UK has recently updated their inheritance laws and made large changes to their intestacy laws. Normally we look to the UK for changes but in this case it seems like the UK may have taken a page out of our book. The new Inheritance….

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Estate Planning, Home-Right, International

Promise to Bequeath and Dependant Support Claims

First Last • September 29, 2014

In 2012 Justice Tausendfreund found a deceased had made a promise to bequeath his farm and cottage to his grandsons provided they worked on the properties for him which the grandfather did not do. After trial Justice Tausendfreund ordered the properties be conveyed to the grandsons in fulfilment of that promise (with a quantum meruit claim in the alternative; see Angela Casey’s September 18, 2012 blog). At the same time….

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Estate Planning, Home-Right

LCO Simplified Procedure for Small Estates project

First Last • September 19, 2014

Yesterday the Law Commission of Ontario released its Consultation Paper in its Simplified Procedures for Small Estates project (a project I with other members of the bar have been involved with). The Simplified Procedures for Small Estates project is looking at whether a simplified process for the administration (i.e. probate) of smaller estates makes sense. The project is aimed at finding a solution for the administration of small estates (i.e…..

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Estate Planning