PRACTICE AREA: Estates & Trusts

[T]he phrase 'who is or may be interested' in Rule 16-46 [of the Rules of Civil Procedure], requires that the interest or possible interest implicated by the Rule be one arising out of or be intrinsically connected to the estate and the devolution of the deceased's property. The interest must be a legal or financial one. The person claiming standing must have a stake in, and be affected by, the outcome of any challenge to the will.

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The informal description given to a contemplated arrangement, permitted by the Canada Revenue Agency in certain circumstances, to facilitate the formal transfer of ownership of certain corporate property without immediate tax consequences.

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Recent application challenging the validity of a will.

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Threlfall v. Carleton University (2019), 2019 CarswellQue 9253, 2019 CarswellQue 9252, 2019 CSC 50, 2019 SCC 50 (S.C.C.)

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Trial judge upheld validity of codicil holding that burden of proving due execution of codicil was satisfied.

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A right of survivorship is inherent in the creation of a joint tenancy.

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Question of whether relationship between parties was marriage-like required multi-faceted inquiry

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The central feature of the Henson trust is that the trustee is given ultimate discretion with respect to payments out of the trust to the person with disabilities for whom the trust was settled.

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Who can compel the release of a will drafting lawyer’s file in the case of a challenge to a will? The file of a will drafting lawyer is subject to solicitor-client privilege.

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Miller Thomson on Estate Planning - Update on Multiple Wills, Milne Estate (Re), 2019 ONSC 579

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Matrimonial Claim Brought Under Guise of Estate Claim The Estate of Lois Jean Davey v.

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A revocable beneficiary designation is one that can be altered or revoked by the insured without the beneficiary’s knowledge or consent (s. 190(1) and (2) [Part V of the Insurance Act [R.S.O. 1990, c. I.8]]) .

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