What Happens When an Estate Acquires Property
What happens when a testator’s estate comes upon assets after the testator’s own death? In some cases, a person’s estate may come upon assets that did not exist at death. The recent Matter of the Estate of Katherine E. Keough reanalyzed this issue and affirmed non-UPC law on the matter.
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Voiding a Will Under the Indian Act (Part IV): Classical categories
The final article in this series discusses the most typical categories under which the Minister may void a will, including undue influence, testamentary capacity, and undue hardship. While these conditions may be used to deny probate in non-Indian Act succession proceedings, federal administrative decision-makers must develop their own means of determining whether an application to void a will meets the criteria given in section 46 of the Act.
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Voiding a Will Under the Indian Act (Part III): Competing Sources of Law
Part II of this series discussed the procedural elements of will applications and voidance under the Indian Act. Part III of this article series will analyze Indian Act wills through a pluralistic lens, looking at the interaction between provincial legislation and Indigenous legal traditions, including the requirement for wills to be devised in the interests of the Band pursuant to tribal custom.
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Voiding a Will Under the Indian Act (Part I): Introduction
Estate law for Aboriginal peoples in Canada classified as “Status Indians” is distinct from provincial estate law. Under the Indian Act, the Minister of Crown-Indigenous Relations and Northern Affairs Canada may void a will under certain conditions. Any testator, personal representative, or estate lawyer looking to administer an Indian Act estate should be apprised of the possible circumstances which may invalidate an otherwise validly executed will.
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Unjust Enrichment and Constructive Trusts in Canada
Unjust enrichment is a legal concept that refers to a situation where one party has received a benefit at the expense of another party without any legal justification or right to do so. In the context of estates, unjust enrichment can occur when one party improperly receives a benefit from an estate, such as by receiving property or funds they are not entitled to, such as the proceeds of a life insurance policy. Courts may intervene in these cases by imposing constructive trusts to remedy unjustly impoverished parties. The recent Supreme Court decision Moore v. Sweet provides an updated approach to this issue.
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The Limits Of Testamentary Freedom In Canada: The Charter
What are the limits on testamentary freedom in Canada? Testamentary freedom is a fundamental right within the private law of succession, but it is not entirely unmitigated. In a recent case, the court considered expanding the section 7 liberty interest under the Canadian Charter to testamentary autonomy.
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