A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will. The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy. The…
Category: Home-Right
Total 26 Posts
One of the best ways for a litigator to learn is to sit in open court watching other litigators suffer through embarrassing court room experiences. In one of my early days appearing on the Estates List, I had one such experience, and the litigator’s lesson that day centred on the…
The deceased was the sole owner and director of a corporation. In your due diligence, you have discovered the corporation has not filed corporate tax returns for one or more fiscal year ends prior to the date of death. To date, you have been unable to determine whether there are…
I have been thinking a lot about education over the past few weeks. Perhaps it’s because my daughter is graduating from high school later this month, at least that is what she tells me. Education has come up in a different context, several times over the past year or two….
A recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor…
A Will is a written and signed document that names one or more estate trustees to manage your assets and provides a plan for passing your assets on after you die. If you don’t make this plan yourself, the legislature has provided a default plan through statute. A living will,…