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A Dead Giveaway

A Dead Giveaway - Our NEW Book

The following are links to the blog postings that were published in our newest book, A Dead Giveaway.


I. ESTATE ADMINISTRATION

ADVISING FIDUCIARIES: In Specie Estate Distribution: Can an Estate Trustee distribute residuary personalty in specie?

Joint Bank Accounts and Fiduciary Obligations

The Rule in Cherry v Boultbee: Treatment of Debts & The Right to Share in Residue

PROBATE: Discrete Functions of Courts of Probate and Construction Revisited

POWERS OF ATTORNEY: An Attorney for Property is under a Fiduciary Duty to the Grantor, Whether Acting as Agent or as Attorney

POWERS OF APPOINTMENT: Abatement and General Powers of Appointment

THE LAW OF INHERITANCE: The Gathering Storm of Inheritance Law in Canada: The Indian Act - Paternalism or Fiduciary Protection?

Bowie Innovation: Rock, Fashion, Art...Estate Planning?


II. PASSING OF FIDUCIARY ACCOUNTS

Who Can Obtain an Order for a Passing of Accounts Application?

The Estate of Frank Ernest Warren and Bolton v Armstrong: A Review


III. WILLS, ESTATE & TRUST DISPUTES

The Mutual Wills Doctrine and Damages Where a Mutual Will Agreement is Breached

Mutual Will vs Mirror Will: Not to be Confused

Meaning Of “Children” In A Will: Biological? Adopted? Foster?

Driscoll v Driscoll: Costs Paid by Estate of Testator Who Left Everything to Son, Ignoring Seven Daughters

Why the Conduct of a Litigant Matters: Costs are Always an Issue

DEPENDANT SUPPORT CLAIMS: Dagg v Cameron Estate ONCA: Battle of the Support Claims

Evidence in Dependant Support Proceedings: Guidance from our Divisional Court

EQUITABLE REMEDIES: When is a remedial constructive trust available?

Can You Register a Beneficial Interest on Title?


IV. LEGAL CAPACITY, POWERS OF ATTORNEY & THE SUBSTITUTE DECISIONS ACT, 1992

Bentley v Maplewood Seniors Care Society: Capacity and the Enforceability of Wishes

Capacity to Vote: Enhancing Democratic Participation and Protecting the Vulnerable

TESTAMENTARY CAPACITY: When “insane delusions” may impact on the validity of a will: Sweetman v Williamson Estate


V. LAWYERS’ DUTIES & OBLIGATIONS IN AN ESTATES PRACTICE

Solicitor's Negligence Concerns In A Wills & Estates Practice

Solicitor’s Negligence: "Critical" Evidence Given by Lawyers in an Alleged Undue Influence Case: Morris v Rivard

The Professional Advisor Role Where Capacity Is At Issue

Plain Language And The Danger Of Legalese


VI. ELDER LAW

Elder Abuse: The Silent Crime

Civil and Criminal Remedies: Elder Abuse

Elder Financial Abuse or A Friendly Transaction between Neighbours: Smith v Croft

Predatory Marriages: Legal Capacity to Marry and the Estate Plan

Predatory Spouse Denied Statutory Share of Estate in New York Case: In the Matter of Berk & Campbell


VII. END-OF-LIFE DECISIONS & MEDICAL ASSISTANCE IN DYING

Medical Assistance in Dying: The First Year in Review


WEL

If you would like more information or are interested in receiving a copy of 'A Dead Giveaway' please contact Celine Byer at (416) 355-3253 or email: celine@welpartners.com.

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