PRACTICE AREA: Estates & Trusts

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Berry v. Burniston (2017), 2017 CarswellAlta 166, 2017 ABQB 77 (Alta. Q.B.)

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Intended executor of testator’s estate brought application for declaration that unexecuted will was valid and fully effective pursuant to provisions of s. 35.1(a) of Wills Act

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Su v. Lam (2017), 2017 ONSC 2414, 2017 CarswellOnt 5833 (Ont. S.C.J.)

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Deceased intended money transfers to B as gifts, motivated by natural and understandable gratitude to B for happiness and comfort of final year.

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McDonald Bankruptcy (Re) (2017), 2017 CarswellBC 3030, 2017 BCSC 1957 (B.C. S.C.)

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Possession of cheque did not allow neighbour to bring action for its value

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Choquette v. Viczko (2017), 2017 CarswellSask 350, 2017 SKQB 191 (Sask. Q.B.)

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Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it

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Chafe Estate v. Chafe (2017), 2017 CarswellNfld 285 (N.L. T.D.)

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Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator

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Killam v. Killam (2017), 2017 BCSC 175, 2017 CarswellBC 262 (B.C. S.C.)

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