All About Estates

Category: Contested wills

Total 63 Posts

Diminishing Capacity and Urge to Delay

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to…

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Locating Unknown or Missing Heirs to an Estate

How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue…

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ON A PAPER NAPKIN, DID YOU SAY?

The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit…

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Frivolous Notices of Objection Can be Struck Out

Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…

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Accommodating Beneficiaries of a Will With Differing Gender Identities

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use…

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Master the ETDL Appointment

Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee.

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The Risky Business of Updating your Will in the Time of COVID-19

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management It’s the irony of today’s situation: more and more individuals are turning their minds to their estate plans in light of our current pandemic, but getting new Wills drafted and executed right now has…

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Delusions and Capacity

 This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management We all know how important it is to have a valid will. Part of that validity stems from ensuring that the testator was capable and of sound mind when he or she signed the will. …

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A Taxing Decision for Estate Planners

This Blog was written by Mélina Konzak, Estate and Trust Consultant, Scotiatrust  Like most new case law delivered right before the holiday season, the decision rendered by the Superior Court judgment of The Estate of Caron v. Malenfant appeared at first to be swept under the rug. However being the controversial…

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Revocation of Wills

In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will….

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