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

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

  1. Sara Moledina at Hull & Hull LLP (Ontario) writes about a recent Ontario decision which discusses challenges to the validity of powers of attorney: https://hullandhull.com/Knowledge/2022/12/challenging-a-power-of-attorney-for-lack-of-capacity/
  2. Brett Brock at WEL Partners (Toronto) writes about a recent Ontario Court of Appeal decision regarding interpretation of a clause in a will and the application of the “armchair rule”: Revisiting the “Armchair Rule” in Jonas v. Jonas | WEL Partners Blog
  3. Onyx Law Group published a useful primer on alter ego trusts: What is an Alter Ego Trust? (2023) | Onyx Law Group
  4. James Steele at Robertson Stromberg LLP discusses a recent Saskatchewan case in which the executors of the estate were removed due to extreme delay in administering the estate: Saskatchewan Estate Litigation Update: Nagy v. Graves, 2022 CarswellSask 590, 2022 SKKB 257 | Saskatchewan Estate Law Blog (skestatelaw.ca)
  5. Sara Moledina also discusses an interesting case where one of the witnesses to a will (who was an employee of the deceased) later refused to sign an affidavit confirming that she witnessed the deceased’s signature until her complaint regarding severance was resolved:  https://hullandhull.com/Knowledge/2022/12/witness-to-a-will-refuses-to-provide-affidavit-based-on-contentious-severance-pay/
  6. Albert Oosterhoff (also at WEL Partners) provides a detailed analysis of a United Kingdom Supreme Court case which discusses proprietary estoppel: Proprietary Estoppel: Guest v Guest | WEL Partners Blog

Happy reading and Happy New Year!