George V. Daily And Manitoba’S Substantial Compliance
A review of the seminal George v Daily substantial compliance case and its treatment in Manitoba today.
Harmless Error In Colorado Probate Proceedings
Colorado adopted the harmless error rule into its Probate Code in 1994. Since then, some cases have covered state court’s application of this statute, defining what makes an error “harmless.”
Hearsay Evidence And Estate Litigation
This article provides an overview of what hearsay evidence is, how it affects estate litigation, and how this rule can vary from province to province.
Killers-in-Law: The Slayer Rule Explored (Part I): Standard of Proof and Intent
What role does the standard of proof, killers intent, and testator’s intent play in the slayer rule? The widespread disagreement on these issues have resulted in vastly different slayer statutes across the United States.
Lagrandeur Estate: Coi Denies Estate Trustee Application
This case shows that where the estate has support claims to payout, and the trustee previously showed no interest in providing support to the payees in other situations, it may give reasons to deny an estate trustee’s certification.
Limitations Period for Passing Accounts
A recent issue in front of Ontarian courts is the limitation period for the passing of accounts. Courts attempted to set forward these periods for different types of fiduciaries and petitioners. This article makes sense of the mess of recent case law.
Mak V. Mak: Ontario Beneficiary Designation Precedent
Until the ONCA decides on Mak or another case related to the presumption of resulting trusts related to RRIFs, Ontario estate administrators and practitioners do not have a straightforward answer to whether resulting trusts apply in this instance.
Mutual vs Reciprocal Wills in Canada
What separates a mutual will from a reciprocal will? This crucial issue has been repeatedly litigated across Canada.
Ontario Estate Planning, Marriages, And Bill 245
Many of Bill 245 amendments and sections hope to improve access to justice by simplifying the estate planning and administration process.
Ontario Small Estates Certificate
A simplified probate process for Ontario estates valued at up to $150,000, will go into effect on April 1st, 2021.