Admitting Defective Wills To Probate: New Jersey
New Jersey has enacted a harmless error rule provision in its probate code, and courts have liberally applied the substantial compliance doctrine when probating defective wills.
An Estate’s ‘Legal Entity’ and Estate Litigation
Is an estate a legal entity for the purposes of launching a suit in the United States? Some recent cases shine light on the hazards of filing a suit against an estate which has not yet had an administrator or an executor appointed.
Annulments and Invalid Marriages in North Carolina Estate Litigation
What constitutes a valid marriage has become a unique question for some estate litigators. Some recent cases show how the validity of a marriage can affect the estate of one of the “spouses”.
Changes To British Columbia Probate Forms In 2022
Minor changes to the British Columbia probate court forms are coming into effect on October 3rd, 2022.
Changes To Manitoba Probate Forms In 2022
Revised Manitoba probate court forms are coming into effect on October 1st, 2022. Notable changes include revisions to terminology as well as clearer guidance around double probate and resealing of foreign grants.
Changes To Ontario Court Forms Effective July 1, 2022
These updates impact the new Ontario probate forms that were published in January 2022, and will go into effect on July 1, 2022.
Changes To Ontario Probate Forms In January 2023
New forms and minor changes to Ontario probate court forms are coming into effect on January 30th, 2023.
Compliance And Validating Provision In Bc’S Succession Act
A recent trio of BC court decisions shed light on substantial compliance in the province.
Cryptocurrency and Access to Digital Assets by Fiduciaries
The fallout of FTX reminds estate practitioners of the Quadriga debacle. The access to digital assets in Canada and the various types of key storage are discussed.
Death During Divorce: Impact On Spousal Inheritance
What happens when a divorce proceeding is interrupted by the death of a spouse? How is the estate divided or undivided? This question has plagued Canadian courts in a wide variety of circumstances.