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

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

  1. Stan Rule at Sabey Rule (Kelowna) writes about when a promise to leave someone property in your will is enforceable, with reference to an English case.  This can be compared to the recent B.C. Supreme Court case that I discussed in a post on expectations to inherit and equitable remedies found here. Stan’s post can be found here: Rule of Law: The Taciturn and Undemonstrative Men of Somerset (rulelaw.blogspot.com)
  2. Suzana Popovic-Montag at Hull & Hull LLP (Ontario) writes about the dangers of distributing an estate before obtaining a tax clearance certificate: H&H | Beware the Dangers of Distributing an Estate Without a Tax Clearance Certificate (hullandhull.com)
  3. Suzana and Geoffrey Sculthorpe (again at Hull & Hull LLP) post about how to prove a lost will: H&H | Revisiting the Rebuttable Presumption: Proving a Lost Will (hullandhull.com)
  4. Albert Oosterhoff at WEL Partners (Toronto) posts about the effect of delusions on testamentary capacity, with reference to an English case: Delusions and Testamentary Capacity | WEL Partners Blog
  5. While not an estates case, a recent B.C. Supreme Court decision made the news, in which the court cancelled a marriage annulment, after finding that the women who appeared at the original hearing (which was conducted remotely, in this case it appears by telephone) was an imposter.  The true spouse did not find out until sometime later that her marriage had been annulled by the court: https://www.cbc.ca/news/canada/british-columbia/imposter-wife-court-marriage-1.6660517

Happy reading!