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

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

  1. Trevor Todd at Disinherited.com discussed a recent case in which the B.C. Supreme Court varied a will to make provision for two twins who were abandoned by their father and were explicitly disinherited in his will.  The twins were awarded 70% of the residue of the estate (which was valued at approximately $880,000):  https://disinherited.com/wills-variation/wills-variation-abandoned-twins-awarded-70-estate/
  2. Janis Ko at Onyx Law wrote about elder abuse and financial predators, with reference to a recent B.C. Supreme Court decision on these issues: https://onyxlaw.ca/family-of-bc-senior-with-dementia-sues-alleged-financial-predator/
  3. James Steele at Robertson Stromberg in Saskatchewan discussed an article and case comment on the issue of liability of an executor for failing to supervise their co-executor: https://skestatelaw.ca/2021/04/07/can-someone-be-held-liable-for-the-misdeeds-of-a-co-executor/
  4. Gillian Fournie at de Vries Litigation LLP (Ontario) discussed the issue of occupational rent – whether an estate can charge rent to the occupant of an estate asset until it is sold or otherwise distributed: https://devrieslitigation.com/occupation-rent/
  5. Ian Hull at Hull & Hull LLP (in Ontario) wrote about potential liabilities that you may assume when you agree to be an executor or trustee:  https://hullandhull.com/2021/04/an-estate-trustee-executor-role-comes-with-some-liability/

Happy Reading!