Mutual vs Reciprocal Wills in Canada
What separates a mutual will from a reciprocal will? This crucial issue has been repeatedly litigated across Canada.
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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.
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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.
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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.
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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.
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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.
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