What I’m Reading: Interesting Estate Litigation Articles for January 2024

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

  1. Ian M. Hull at Hull & Hull LLP (Ontario) discusses why a will cannot be used to save an imperfect gift: https://hullandhull.com/Knowledge/2024/01/can-an-imperfect-inter-vivos-gift-be-saved-by-a-will/
  2. Gabriella Banhara at WEL Partners (Ontario) writes about a recent Ontario case which considers delay by the executor in selling the deceased’s home: https://welpartners.com/blog/2024/01/what-constitutes-an-unreasonable-delay-in-the-sale-of-a-deceaseds-home-by-an-estate-trustee/
  3. Estate Litigation in the News: The CBC discusses issues relating to powers of attorney: Life can change overnight. 2 families share what people should know about power of attorney | CBC Radio
  4. Jonathon Vander Zee at de Vries Litigation LLP (Ontario) discusses the law of abatement that applies when determining how to pay estate debts and liabilities: https://devrieslitigation.com/paying-the-debts-and-liabilities-of-an-estate-and-abatement/
  5. Estate Litigation in the News: The CBC also reports on a lawsuit alleging copyright infringement, commenced by the estate of George Carlin against podcasters who used an AI program to impersonate him: https://www.cbc.ca/news/canada/british-columbia/george-carlin-ai-podcast-lawsuit-1.7098925
  6. Ian M. Hull also writes about Yukon enacting legislation to allow fiduciaries (including executors) to gain access to the digital assets of a deceased or incapacitated person: https://hullandhull.com/Knowledge/2024/01/yukon-enacts-legislation-giving-fiduciaries-access-to-digital-assets/

Happy reading!