The Limits Of Testamentary Freedom In Canada: Public Policy
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. Courts may consider a will's violation of public policy for reasons of discrimination, immorality, and illegality. This article discusses some such examples.
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Texas Dynasty Trusts: The Rule Against Perpetuities Changes
The Texas legislature has recently amended the rule against perpetuities in its statutes. Is this change be constitutional? Texas case law, other states' experiences, and a strong scholarly debate can all shed light on the issue and offer advice for trust-drafting practitioners.
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Texas, Covid-19, And Remote Online Notarization
Like many states, Texas adapted many of its will execution requirements in response to the COVID-19 pandemic. However, changes in execution to do with digitization and electronic options have been long-term aspirations for estate attorneys and testators seeking more accessible options for the will execution process.
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Texas Courts’ Adherence To Wills Formalities
Texas has historically been a conservative, strict compliance jurisdiction concerning wills formalities. However, legislative, as opposed to jurisprudential developments have granted courts greater leeway in probating defective wills, including a limited substantial compliance provision and a new scrivener's error rule.
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Testamentary Capacity And Undue Influence In New York
This article discusses the criteria for will objections on the bases of a lack of testamentary capacity, due execution, and undue influence in New York jurisprudence. It also provides guidance on preparing wills to mitigate the risks of a will being challenged on these objections.
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Substantial Compliance For Wills Has Arrived In Ontario
Ontario's adoption of a substantial compliance framework presents great promise in preventing unfair probate court decisions.
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