The following is a round-up of noteworthy articles published this month on estate litigation and related issues:
- Stan Rule at Sabey Rule writes about a recent B.C. decision which considers whether an interest in a discretionary trust is “family property” that should be divided in a family law action: Rule of Law: Cottrell v. Cottrell (rulelaw.blogspot.com)
- Artur Adamian at Hull & Hull LLP (Ontario) posts about an Ontario case which awarded interest to a beneficiary when the administration of the estate took longer than the “executor’s year”: https://hullandhull.com/Knowledge/2022/10/interest-payable-when-the-executors-year-ends/
- Artur Adamian also posted about a recent Ontario decision in which a residual beneficiary was ordered to pay occupational rent for occupying estate property: H&H | No Such Thing as Free Rent (hullandhull.com)
- Oliver O’Brien at WEL Partners (Toronto) comments on an Ontario decision which held that BMO Nesbitt Burns did not have a duty to one spouse to disclose that the other spouse removed her as a designated beneficiary: https://welpartners.com/blog/2022/10/corroboration-and-material-facts-a-look-at-the-recent-case-of-fair-v-bmo-nesbitt-burns-inc/
- Elaine Yu at de Vries Litigation LLP (Ontario) writes about a case dealing with a familiar dispute: two siblings who cannot get along and act together for their parent pursuant to a power of attorney: https://welpartners.com/blog/2022/10/corroboration-and-material-facts-a-look-at-the-recent-case-of-fair-v-bmo-nesbitt-burns-inc/
- Robertson Stomberg (Saskatchewan) posts about a recent Saskatchewan court decision in which a challenge to the validity of a will (on the basis of lack of capacity or coercion) was summarily dismissed as there was no genuine issue raised: https://skestatelaw.ca/2022/11/01/saskatchewan-estate-litigation-update-bell-v-bell-2022-skqb-198/
Happy reading!