Learn how Estateably is building the future of estate and trust administration with comprehensive guides and articles across jurisdictions for practitioners.
What Happens When an Estate Acquires Property
What happens when a testator’s estate comes upon assets after the testator’s own death? In some cases, a person’s estate may come upon assets that
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
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
Voiding a Will Under the Indian Act (Part I): Introduction
Estate law for Aboriginal peoples in Canada classified as “Status Indians” is distinct from provincial estate law. Under the Indian Act, the Minister of Crown-Indigenous
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
The Limits Of Testamentary Freedom In Canada: The Charter
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
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
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
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
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
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
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.
Compliance And Validating Provision In Bc’S Succession Act
A recent trio of BC court decisions shed light on substantial compliance in the province.
Strict Compliance Legislation In Nova Scotia
Learn how each Atlantic province has taken a unique approach to substantial compliance.
Will Formalities In New York: A Flexible Approach
New York is a strict compliance jurisdiction; mere substantial compliance with statutory requirements when executing wills typically won’t cut it. Nonetheless courts have repeatedly found
Sherman Estate: The Standard For Probate Sealing Orders
This precedent is important for estate lawyers dealing with high-profile individuals when they pass away.
Saskatchewan Courts’ Powers And Substantial Compliance
Saskatchewan courts have had a plethora of cases exploring the limits and application of substantial compliance.
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
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.
Estate Of Everhart: The Right To Formal Probate In Colorado
The Colorado Court of Appeal adds clarifies the responses available to formal probate petitions. What impact does this have for practitioners opening proceedings?
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.
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