All About Estates

Guest Blogger

Total 19 Posts

Will Challenges and Limitation Periods: Court of Appeal Weighs In

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.

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The Continuing Importance of the Presumption of Due Execution

Where the evidence establishes that the testator executed the will in accordance with the requisite formalities (e.g., signed in the presence of two witnesses), a rebuttable presumption arises that the testator knew and approved the contents of the will.

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Facts, Mistakes, and Probate

Today’s blog was written by Christopher Cook, Student-At-Law at de VRIES LITIGATION LLP In some common law jurisdictions, there exists a fascinating (but rarely applied) legal doctrine called “patent mistake.” This doctrine applies in the context of applications for probate. When asked to probate a will, the court’s task is…

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Donor-Advised Funds: Benefits and Drawbacks of the Increasingly Popular Means of Philanthropic Giving

A donor-advised fund is established when a donor makes a contribution to a foundation or financial institution and that fund operates much like a trust fund in that the donor (like a settlor) does not retain legal ownership over any property they place in the fund. However, the foundation or financial institution administering the property “provides administrative and investment assistance to the donor and gives the donor advisory privileges about how it should deal with the donated property.”

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The Mysteries of Probate, Revealed

Of all the questions I am asked about the administration of estates, the ones that come up the most frequently are: “what is probate?”; “how do I know if I need probate?”; and “what’s involved in applying for probate?” Herein – the answers.

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Estate Planning Lessons from “The Dutch House”

The Dutch House, by Ann Patchett, is an excellent read. However, for those in the estate planning profession, it is also a reflection on what goes wrong when insufficient or no estate planning occurs.

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