What I’m Reading: Interesting Estate Litigation Articles for October 2022

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

  1. Stan Rule at Sabey Rule writes about a recent B.C. decision which considers whether an interest in a discretionary trust is “family property” that should be divided in a family law action: Rule of Law: Cottrell v. Cottrell (rulelaw.blogspot.com)
  2. Artur Adamian at Hull & Hull LLP (Ontario) posts about an Ontario case which awarded interest to a beneficiary when the administration of the estate took longer than the “executor’s year”: https://hullandhull.com/Knowledge/2022/10/interest-payable-when-the-executors-year-ends/
  3. Artur Adamian also posted about a recent Ontario decision in which a residual beneficiary was ordered to pay occupational rent for occupying estate property: H&H | No Such Thing as Free Rent (hullandhull.com)
  4. Oliver O’Brien at WEL Partners (Toronto) comments on an Ontario decision which held that BMO Nesbitt Burns did not have a duty to one spouse to disclose that the other spouse removed her as a designated beneficiary: https://welpartners.com/blog/2022/10/corroboration-and-material-facts-a-look-at-the-recent-case-of-fair-v-bmo-nesbitt-burns-inc/
  5. Elaine Yu at de Vries Litigation LLP (Ontario) writes about a case dealing with a familiar dispute: two siblings who cannot get along and act together for their parent pursuant to a power of attorney: https://welpartners.com/blog/2022/10/corroboration-and-material-facts-a-look-at-the-recent-case-of-fair-v-bmo-nesbitt-burns-inc/
  6. Robertson Stomberg (Saskatchewan) posts about a recent Saskatchewan court decision in which a challenge to the validity of a will (on the basis of lack of capacity or coercion) was summarily dismissed as there was no genuine issue raised: https://skestatelaw.ca/2022/11/01/saskatchewan-estate-litigation-update-bell-v-bell-2022-skqb-198/

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for September 2022

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

  1. Stan Rule at Sabey Rule comments on a recent B.C. decision on disgorgement – awarding profits to beneficiaries when a trustee or other fiduciary profits from a breach of their obligations: http://rulelaw.blogspot.com/2022/09/chung-v-chung.html
  2. Dairen Murray at Hull & Hull LLP (in Ontario) writes on making reasonable efforts to locate a will when a loved one has died: https://hullandhull.com/Knowledge/2022/09/where-to-look-for-a-will/
  3. Albert Oosterhoff at WEL Partners (Toronto) posts on the determination of whether a gift of real property for a limited time is a licence or a life estate: https://welpartners.com/blog/2022/10/life-estate-or-licence-a-continuing-conundrum/
  4. Karen Watters at de Vries Litigation LLP (in Ontario) writes on undue influence in inter vivos transfers: https://devrieslitigation.com/undue-influence-in-inter-vivos-transfers/
  5. Aanchal Bajaj, also at Hull & Hull LLP (in Ontario), comments on a recent Ontario decision on the issue of the treatment of a beneficiary designation for an RRSP when the account was converted to an RRIF (a reminder to update beneficiary designations if converting!): https://hullandhull.com/Knowledge/2022/09/what-is-the-requirement-for-the-designation-of-income-funds-to-beneficiaries/
  6. Of note to lawyers, James Steele at Robertson Stromberg (Saskatchewan) writes about a recent Saskatchewan decision which prohibits the practice of altering an affidavit (“slip-sheeting”) after it has been sworn.  The affidavit must be re-sworn: https://skestatelaw.ca/2022/09/08/saskatchewan-estate-litigation-update-peters-estate-re-2022-skqb-186/
  7. CBC reports on Western University asking the Ontario courts for permission to remove the name of a professor from six academic prizes funded by his estate, following criticism that he espoused radical, racist views: https://www.cbc.ca/news/canada/london/kenneth-hilborn-western-university-scholarship-1.6573668

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for August 2022

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

  1. I was asked to provide comments for a recent article in Investment Executive: Disinherited children win big in Alberta and B.C. courts  | Investment Executive
  2. This month, the lawyers at Hull & Hull LLP (in Ontario) posted several articles on settlement in the estate litigation context, including these two articles on the requisite elements of a settlement agreement, and enforcement of settlement agreements: H&H | The Requisite Elements of a Binding Settlement (hullandhull.com) and H&H | A Deal is a Deal: Enforcing a Settlement Agreement (hullandhull.com)
  3. Brett Book at WEL Partners (Toronto) wrote on the capacity to marry: Capacity to Marry – Tanti v. Tanti | WEL Partners Blog
  4. CBC News recently published an investigative report on a case of elder abuse: ‘Who can you trust?’ (cbc.ca)

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for May 2022:

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

  1. Ashley Naipaul at Hull & Hull LLP (in Ontario) discusses an Alberta case which considered whether the court ought to look at the reasons behind a person’s decision to revoke their power of attorney as part of the determination of whether that person had capacity to make the revocation: https://hullandhull.com/Knowledge/2022/05/questioning-the-decision-to-revoke-or-grant-a-poa-where-capacity-and-autonomy-intersect/
  2. Albert Oosterhoff at WEL Partners (Toronto) discusses the doctrine of ademption – what happens if a will-maker makes a specific gift in their will, but then the property no longer exists or is no longer owned by the will-maker at the date of death: https://welpartners.com/blog/2022/05/ademption-by-conversion-best-v-hendry/
  3. Kantor LLP (Calgary) posts about a recent Alberta case in which an executor was removed because they were taking too long to administer the estate: https://www.kantorllp.ca/blog/failure-to-act-results-in-personal-representative-removal/
  4. Candace Cho (Onyx Law Group) writes about the issue of whether a plaintiff was a “spouse” who was entitled to claim under an intestacy: https://onyxlaw.ca/bc-inheritance-turns-on-common-law-relationship-status/
  5. Albert Oosterhoff at WEL Partners (Toronto) considers when the duty to keep accounts begins for someone who holds a power of attorney: https://welpartners.com/blog/2022/05/when-does-an-attorneys-duty-to-keep-accounts-begin/
  6. The B.C. Director of Civil Forfeiture has sued to confiscate $120,000 (a package of $50, $20 and $10 bills) from the estate of a man found dead of an overdose, claiming that the deceased was a drug trafficker, and the monies were proceeds of crime:https://www.cbc.ca/news/canada/british-columbia/civil-forfeiture-drug-trafficking-sametz-1.6468682

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for April 2022

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

  1. Last week, I wrote a post about whether unconscionable procurement is part of the law in British Columbia. John Poyser at at WEL Partners (Toronto) wrote about the same issue in Ontario (based on a recent Ontario decision): https://welpartners.com/blog/2022/04/is-unconscionable-procurement-properly-part-of-the-law-in-ontario/
  2. Stuart Clark at Hull & Hull LLP (in Ontario) discusses what happens when an overpayment is made to a beneficiary: https://hullandhull.com/Knowledge/2022/04/overpayment-to-beneficiaries-do-beneficiaries-need-to-return-a-distribution-made-in-error/
  3. Candace Cho at Onyx Law writes about costs in committeeship proceedings: https://onyxlaw.ca/the-legal-costs-of-bc-committeeship-applications/
  4. Albert Oosterhoff, also at WEL Partneres writes about how someone can become a trustee: https://welpartners.com/blog/2022/04/how-do-you-become-a-trustee/
  5. The Vancouver Sun covered a lawsuit recently commenced by two family members to get a share of their deceased mother’s $3-million lottery winnings.  This will be an interesting one: https://vancouversun.com/news/local-news/late-vancouver-island-womans-family-court-bound-over-her-3-million-lottery-jackpot

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for March 2022

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

  1. Stan Rule at Sabey Rule discusses a recent B.C. case in which the parties incurred significant legal fees to litigate an estate dispute, which could have been avoided had there been early financial disclosure: http://rulelaw.blogspot.com/2022/03/avoidable-legal-expenses-in-estate.html
  2. Paul Trudelle at Hull & Hull LLP (in Ontario) discusses a recent Alberta case which considered how to interpret a clause in a will allowing a beneficiary to live in a house “for a while”: https://hullandhull.com/Knowledge/2022/03/will-interpretation-how-long-is-for-awhile/
  3. Rebecca Betel at WEL Partners (Toronto) writes about a recent Ontario decision about the obligations of estate trustees to keep proper accounts and records: https://welpartners.com/blog/2022/03/case-review-pinard-et-al-v-gilchrist-et-al/
  4. Suzana Popovic-Montag and Raphael Leitz at Hull & Hull LLP (in Ontario) discuss what is meant when a trustee is given “absolute discretion”: https://hullandhull.com/Knowledge/2022/03/the-exercise-of-discretion-not-so-absolute/
  5. Bob Saget’s family has now obtained a permanent injunction blocking the release of certain records related to the death investigation of the late Bob Saget: https://www.cnn.com/2022/03/14/entertainment/bob-saget-injunction/index.html

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for February 2022

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

  1. Suzana Popovic-Montag at Hull & Hull LLP (in Ontario) discusses a recent Ontario case on the issue of entitlement to costs in estate litigation: https://hullandhull.com/Knowledge/2022/02/court-of-appeal-issues-new-decision-directing-how-to-award-costs-in-estate-litigation/
  2. Bryan Gilmartin at WEL Partners (Toronto) continued a series on the issue of dealing with a deceased’s remains: https://welpartners.com/blog/2022/02/what-remains-series-6-is-the-estate-trustee-obligated-to-consider-the-deceaseds-wishes/
  3. Bob Saget’s family applied to block public release of death records due to privacy concerns (https://www.cbc.ca/news/entertainment/saget-family-sues-1.6353623) and the judge granted a temporary injunction (https://www.cnn.com/2022/02/16/entertainment/bob-saget-family-lawsuit/index.html).  I have previously written on the issue of privacy in estate cases in the Canadian courts here.
  4. Trevor Todd at Disinherited.com writes about the principle of disgorgement: https://disinherited.com/uncategorized/the-equitable-principle-of-disgorgement/

Happy reading!

What I’m Reading: Interesting Estate Litigation Articles for January 2022

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

  1. Ian Hull at Hull & Hull LLP (in Ontario) discusses what happens when the estate assets include a firearm: https://hullandhull.com/Knowledge/2022/01/annie-was-bequeathed-a-gun-what-happens-next/
  2. Stan Rule at Sabey Rule writes about a recent B.C. Supreme Court decision which discusses the doctrine of unconscionable procurement, which as of late seems to be plead more often when challenging or seeking to undo an estate plan: http://rulelaw.blogspot.com/2022/01/unconscionable-procurement-pinsonneault.html
  3. James Steele at Robertson Stromberg (Saskatchewan) discusses a recent Saskatchewan decision which makes clear that beneficiaries should have good evidence of executor wrongdoing before bringing an application against them: https://skestatelaw.ca/2022/01/06/saskatchewan-estate-litigation-update-hayes-v-swift-2021-skqb-132/
  4. Veronica Manski at Onyx Law discusses who may apply to be the administrator of an estate: https://onyxlaw.ca/died-without-a-will-apply-to-administer-bc-estate/
  5. Rebecca Studin at de Vries Litigation LLP (in Ontario) writes about a recent Ontario decision in which held that a handwritten note did not incorporate by reference the testator’s unsigned but initialed typewritten Will: https://devrieslitigation.com/2133-2/

Happy reading!

BCEstateLitigation.ca Wins 2021 Clawbie Award for Best Canadian Law Blog

Happy New Year!

I am pleased to announce that BCEstateLitigation.ca has received a 2021 Clawbie Award (Canadian Law Blog Award) for best blog!

Thank you to all of the readers of this blog for the support, and thank you to Steve Matthews and his team at Stem Legal for choosing BCEstateLitigation.ca for recognition.

A full list of the winners can be found here: https://www.clawbies.ca/2021-clawbies-canadian-law-blog-awards/ . There are a number of interesting reads and great resources on the list.

Happy reading!

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

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

  1. CBC published an article on the changes to the Wills, Estates and Succession Act to allow for the digital execution of wills: https://www.cbc.ca/news/canada/british-columbia/make-a-will-in-2022-1.6287279
  2. There were a number of articles published on the treatment of digital assets upon death:
  3. Nick Esterbaur at Hull & Hull LLP (in Ontario) discusses a recent Supreme Court of Canada decision on the limitations of confidentiality in mediation: https://hullandhull.com/2021/12/the-supreme-court-reviews-limitations-of-mediation-confidentiality/
  4. Tyler Lin at de Vries Litigation LLP (in Ontario) discusses testamentary trusts for pets: https://devrieslitigation.com/can-pets-inherit-million-dollar-trusts/
  5. Janis Ko at Onyx Law discusses the issue of costs in contentious estate litigation, with reference to a B.C. Court of Appeal decision: https://onyxlaw.ca/court-clarifies-costs-of-estate-litigation-in-complex-family-dispute/

Happy reading and Happy New Year!