All About Estates

Tag: Angelique Moss

Total 9 Posts

The Costs of Upholding A Testator’s Intention

When opposing a dependant support claim on the grounds that you are upholding the intentions of a testator, as this recent B.C. case indicates, think carefully about the possible cost consequences of so doing before proceeding to trial.

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An Estate Trustee’s Imprisonment, Without Possibility of Parole

A recent decision of the Ontario Superior Court sentences an estate trustee to a lengthy term of incarceraction, without the possibility of parole, for contempt of court.

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Werbenuk v. Werbenuk: Righting a Will’s (and a testator’s) Wrongs

A testator excludes his 4 adult daughters from his estate, leaving everything to his son. A B.C. court effectively redistributes the estate equally between the testator’s children. Can this happen in Ontario too?

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To Undue, or Not too Undue? What Does Undue Influence Look Like?

Absent threats and promises, can “working on” an elderly testator over a period of time constitute undue influence? A recent decision of the B.C. Court of Appeal upheld a trial judge’s decision finding that this kind of persuasion was enough to consitute undue influence.

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