What I’m Reading: Interesting Estate Litigation Articles for August 2021

The following is a roundup of noteworthy articles published this month on estate litigation and related issues:

  1. Sanaya Mistry at Hull & Hull LLP (in Ontario) writes about a recent Ontario decision involving guardianship of an elderly person and validity of powers of attorney in a pair of posts, one of which has a useful discussion on the admissibility of audio recordings: https://hullandhull.com/2021/08/are-audio-recordings-admissible/ and https://hullandhull.com/2021/08/considerations-for-determining-the-validity-of-powers-of-attorney-and-appointing-guardians-for-property-and-personal-care/
  2. James Steele at Robertson Stromberg (Saskatchewan) notes that every irregularity in a will does not amount to lack of capacity or undue influence of the will-maker, in the context of a recent Saskatchewan decision: https://skestatelaw.ca/2021/08/25/saskatchewan-estate-litigation-update-fraser-v-mountstephen-2021-skqb-192/
  3. Stephen Mulrain at Miller Thomson discusses what happens when there is a dispute over how to handle a deceased’s remains: https://www.millerthomson.com/en/blog/mt-estate-litigation-blog/thoughts-on-final-resting-places/
  4. Arielle Di Iulio (also at Hull & Hull LLP, Toronto) discusses an interesting Federal Court decision, in which a claimant sought to claim the CPP survivor’s pension on two separate occasions, and argued that the inability to due so would infringe upon her charter rights: https://hullandhull.com/2021/08/survivors-pension-rights-of-the-twice-widowed-woman/

Happy reading!