What I’m Reading: Interesting Estate Litigation Articles for September 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 comments on a recent B.C. decision on disgorgement – awarding profits to beneficiaries when a trustee or other fiduciary profits from a breach of their obligations: http://rulelaw.blogspot.com/2022/09/chung-v-chung.html
  2. Dairen Murray at Hull & Hull LLP (in Ontario) writes on making reasonable efforts to locate a will when a loved one has died: https://hullandhull.com/Knowledge/2022/09/where-to-look-for-a-will/
  3. Albert Oosterhoff at WEL Partners (Toronto) posts on the determination of whether a gift of real property for a limited time is a licence or a life estate: https://welpartners.com/blog/2022/10/life-estate-or-licence-a-continuing-conundrum/
  4. Karen Watters at de Vries Litigation LLP (in Ontario) writes on undue influence in inter vivos transfers: https://devrieslitigation.com/undue-influence-in-inter-vivos-transfers/
  5. Aanchal Bajaj, also at Hull & Hull LLP (in Ontario), comments on a recent Ontario decision on the issue of the treatment of a beneficiary designation for an RRSP when the account was converted to an RRIF (a reminder to update beneficiary designations if converting!): https://hullandhull.com/Knowledge/2022/09/what-is-the-requirement-for-the-designation-of-income-funds-to-beneficiaries/
  6. Of note to lawyers, James Steele at Robertson Stromberg (Saskatchewan) writes about a recent Saskatchewan decision which prohibits the practice of altering an affidavit (“slip-sheeting”) after it has been sworn.  The affidavit must be re-sworn: https://skestatelaw.ca/2022/09/08/saskatchewan-estate-litigation-update-peters-estate-re-2022-skqb-186/
  7. CBC reports on Western University asking the Ontario courts for permission to remove the name of a professor from six academic prizes funded by his estate, following criticism that he espoused radical, racist views: https://www.cbc.ca/news/canada/london/kenneth-hilborn-western-university-scholarship-1.6573668

Happy reading!