Duty to Account in Canada
An introduction to the importance of the duty to account and the possibility of litigation over the issue.
Read articleDivorce And Estate Planning In South Carolina
What happens when a divorce proceeding is interrupted by the death of a spouse? How is the estate divided or undivided? The South Carolina Supreme Court has recently reexamined this issue and settled the law on what precisely a death can abate. This post will first reflect on the status of a spouse whose partner dies during a divorce proceeding before analyzing the status of their property. Finally, it will offer some guidance in planning for and navigating such situations.
Read articleDigitizing Colorado Wills: Promises And Future Issues
Covid accelerated the digitization of wills and estate planning. Learn more about the potential opportunities and future challenges of this modernization.
Read articleDigitization of Wills in the United States
The COVID-19 pandemic has accelerated digitization of estate planning in the United States, leading some states to adopt temporary electronic will statutes and others to permanently adjust their formal requirements for wills. This shift is reflected in the growing adoption of the Uniform Electronic Wills Act across the country since its introduction in 2019. However, there remain important concerns concerning the usage of electronic wills.
Read articleDigital Wills & Access To Online Assets By Fiduciaries
Who owns our private data when we die? What are the boundaries between a deceased's right to privacy and the access a fiduciary typically has to a decedent's physical assets? If a fiduciary is granted access, what happens when tech companies located in the United States refuse to comply? The answers to these questions have far-reaching impacts on Canadians, the vast majority of whom have increasingly comprehensive—and in many cases, monetarily valuable—digital identities.
Read articleDeath 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.
Read article