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

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

  1. Kiran Sanghera at Hull & Hull LLP (Ontario) discusses a recent Ontario case in which the contents of the deceased’s journal were validated as a will: https://hullandhull.com/Knowledge/2024/05/finding-a-notebook-to-be-a-will/.   This can be contrasted with the B.C. decision in Hadley Estate (Re) 2017 BCCA 311, where the B.C. Court of Appeal concluded that an entry in a journal did not represent the deliberate and final expression of the deceased’s testamentary intentions.
  2. Gillian Fournie at de Vries Litigation LLP (Ontario) discusses the differences between renouncing, removing and passing over: https://devrieslitigation.com/renounce-remove-pass-over-difference/
  3. Venessa DeDominicis of Pushor Mitchell Lawyers (Kelowna) writes about the effect of marriage or divorce on a will: https://pushormitchell.com/2024/04/marriage-divorce-and-your-will/
  4. Ian M. Hull, also at Hull & Hull LLP, discusses the duty to disclose the transfer of estate assets during estate litigation:  https://hullandhull.com/Knowledge/2024/05/is-there-a-duty-to-disclose-the-transfer-of-estate-assets-during-estate-litigation/
  5. Michael McKiernan authored a post on advisor.ca which discusses a B.C. case in which the court refused to compel an unwilling senior to undergo a capacity assessment: https://www.advisor.ca/tax/estate-planning/court-refuses-to-force-capacity-assessment-on-unwilling-senior/

Happy reading!