All About Estates

Rebecca Studin

Total 27 Posts Website
Rebecca Studin was called to the Bar in 2009. Before joining de VRIES LITIGATION LLP, Rebecca practised estates and commercial litigation at a full-service international law firm in Toronto. Rebecca’s estates experience includes will interpretation applications, will rectification applications, solicitor’s negligence actions, and other estates and trusts matters. Rebecca obtained her law degree from Osgoode Hall Law School after earning her honours bachelor of arts degree from Glendon College, York University. Following her call to the Bar, Rebecca was selected as a Fox Scholar and spent a year training as a barrister at the Middle Temple, Inns of Court, in London, UK.

Undue Influence Voids a Capable Testator’s Will

In Krivokapic v. Josephe Boss, the Quebec Court of Appeal affirmed the invalidity of a capable testator’s Will that was procured through undue influence. Facts The testator, Valentin Boss, was an accomplished professor and author during his career. The testator was married for 22 years, and had one daughter, Sylvia…

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Alcohol and Drug Use Alone Do Not Negate Testamentary Capacity

In a previous post, I blogged about the case of McGrath v. Joy, where the Court held that a handwritten suicide note was invalid as the deceased lacked testamentary capacity when he wrote it due to drug and alcohol consumption. The application judge’s decision was recently overturned by Court of…

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The Sale Must Close

In a Will challenge proceeding, the Court in Lugarich v. Fabris, 2021 ONSC 7294, considered the interlocutory issue of whether to authorize the estate trustee appointed pursuant to the challenged Will to complete the sale of a residential property, or whether an estate trustee during litigation should be appointed to…

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No Signature, No Problem

In Bishop Estate v. Sheardown, 2021 BCSC 1571, the Supreme Court of British Columbia gave effect to a Will the testator had failed to execute before her death. Facts: Marilyn Bishop died in British Columbia in the summer of 2020 at the age of 76. She had a prior Will…

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Estate Trustees and Irreconcilable Conflicts

In the recent decision of Lagrandeur Estate (Re), the Court considered when an estate trustee can be ‘passed over’ due to a conflict of interest. Facts Keisha Lagrandeur (“Keisha”) died on December 6, 2019, aged 41. Keisha had two boys aged 19 and 17 with her married spouse Gaetan Lagrandeur…

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Supreme Court of Canada Unseals Sherman Estate Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides,…

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Supreme Court of Canada Orders Unsealing of Sherman Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides,…

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Whose Claim Is It Anyway?

In the recent decision of Goldentuler v. Simmons Da Silva LLP, 2021 ONCA 2019, the Court of Appeal for Ontario considered whether an individual had capacity to commence a lawsuit in which the cause of action belonged to an estate. Facts The late Henry Goldentuler (“Henry”) was a lawyer in…

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Court of Appeal for Ontario Dismisses Moot Guardianship Appeal

In Hernandez v. Hernandez, 2021 ONSC 106, the Court of Appeal for Ontario considered the issue of whether litigation involving the personal care of a person is rendered moot after that person dies. In 2017, Cheri Hernandez commenced an application seeking an order terminating the authority of her brother, Norman…

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Can a Suicide Note Be a Will?

In McGrath v. Joy, 2020 ONSC 7454, the Court considered whether the contents of a suicide note could be admitted to probate as a holograph Will, and in particular, whether the deceased had the requisite testamentary capacity to make a Will prior to taking his own life. Facts Sadly, Joseph…

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