Pfisterer Estate: How Not To Commit A Breach Of Trust
The recent Pfisterer Estate demonstrates that acting in the estate’s best interest may not always absolve a trustee from a breach of trust.
Recent Changes To Estates And Civil Procedure
These changes arguably create more conveniences as the estate administration process becomes simpler, and new clarifications defog questions relating to limitation periods.
Risk and Reward to Remote Online Witnessing Canada
In a post-COVID legal landscape, remote online witnessing is here… so what are the risks? Going forward, testators, estate planners, and attorneys should be aware of the possibilities of fraud, undue influence, technical issues, and the legal unknowns of this new development in estates and wills procedures.
Saskatchewan Courts’ Powers And Substantial Compliance
Saskatchewan courts have had a plethora of cases exploring the limits and application of substantial compliance.
Sherman Estate: The Standard For Probate Sealing Orders
This precedent is important for estate lawyers dealing with high-profile individuals when they pass away.
Strict Compliance Legislation In Nova Scotia
Learn how each Atlantic province has taken a unique approach to substantial compliance.
Substantial Compliance: Best Practice
As substantial compliance gains more traction in Canada, learn about its potential pitfalls for estate planning and how you can avoid them.
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.
Testator Intentions And Corporate Structures
Two recent cases demonstrate a current trend: courts grappling with the contradictory positions of a testator’s will and their corporate holdings. Trezzi v Trezzi, 2019 ONCA and Simpson v. Zaste, 2022 BCCA 208 both forced courts to analyze the testator’s intention when their disposition went against the corporate structure.
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.