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.

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.

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.