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

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

  1. Stan Rule at Sabey Rule discusses the use of multiple wills in British Columbia to minimize probate fees, and identifies potential pitfalls to avoid:  http://rulelaw.blogspot.com/2021/02/using-two-wills-to-minimize-british.html
  2. Janis Ko at Onyx Law posted two articles on the use of mutual wills in British Columbia:  https://onyxlaw.ca/mutual-wills-clear-evidence-needed-for-binding-agreement-not-to-revoke-a-will/ and https://onyxlaw.ca/mutual-wills-clear-evidence-needed-for-binding-agreement-not-to-revoke-a-will-2/
  3. Garrett Horracks at Hull & Hull LLP (in Ontario) writes about the “prudent investor rule” which applies to trustees managing trust assets, in the context of the recent GameStop share fluctuation.  Part 2 can be found here:  https://hullandhull.com/2021/02/the-gamestop-saga-part-ii-prudent-investing/
  4. James Steele at Robertson Stromberg in Saskatchewan discusses a recent decision of the Saskatchewan Court of Queen’s Bench, in which the court refused to summarily cure what appeared to be relatively minor deficiencies in a testamentary document because there were greater concerns about whether the document reflected the deceased’s testamentary intentions:  https://skestatelaw.ca/2021/02/05/estate-litigation-update-thorne-v-thorne/
  5.  Rebecca Rauws at Hull & Hull LLP comments on a recent Ontario decision which found that a gift in a will was void for uncertainty:  https://hullandhull.com/2021/02/estate-interest-void-for-uncertainty/

Happy Reading!