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Newsletter Archive
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Volume 14
Rebutting the Presumption of Trust
Saga of the Relationship Between William and Gillian
How Long is Too Long for a Non-Owner to Remain in an Estate Property?
Ontario Court of Appeal Confirms 2-Year Limitation Period for Equitable Claims Against an Estate
Another Proprietary Estoppel Case
Are Objects of a Charitable Trust Beneficiaries?
Estate Trustee with a Will Empowered to Deal with Estate Assets without a Certificate of Appointment
Failure to Follow the Court’s Orders and Continued Inaction Results in Substantial Indemnity Costs
European Succession Law Without Borders? Perhaps
The Determination of Costs in Capacity Litigation
A Case Demonstrating When a Settlement is an Enforceable Settlement?
Enforcing Minutes of Settlement
Litigation Tips – In-Person Civil Court Attendance Guide
Removal Or Passing Over of Executor?
Does an Executor Have a Duty to Notify Beneficiaries in an Earlier
The Need for Estate Trustee Powers to be Set Out in Tribunal Rules and Practice Directions
An Inherently Unlike Case of Undue Influence
Another Per Capita, Per Stirpes Case
Review Of John Poyser’s Article, “The Impact Of Alcoholism On Testamentary Capacity”
When Will the Court Remove a Trustee?
Case Review: Ritchie v Hamilton
Lost Will and the Appointment of an Estate Trustee During Litigation
A Cursory Review of Persuasive Written Advocacy on Appeal, By The Honourable John Laskin
The Onus of Discharging a Certificate of Pending Litigation and Motion to Dismiss for Delay
Ontario Court Rectifies a Will Witnessed by a Single Beneficiary Who Did Not Attest the Document
Holograph Will: Alberta Court’s Latest Decision – Balwin v Van Hout
Another Presumed Resulting Trust Case: Wiffen V Lau
Solicitor-Client Privilege Encore
Book Review – Let’s Talk About Aging Parents, Laura Tamblyn Watts
The Distinction Between a Void and Voidable Marriage in Hong Kong
Breach of Fiduciary Duty by Executor
Rectification of Instrument that Did Not Accurately Reflect Parties’ Agreement
Volume 13
Yet Another Will Rectification
A Family Feud and Power of Attorney Documents: Vrantsidis v. Vrantsidis
Requirements for a Valid Charitable Trust: WEL on Charities Series – Part 2 of 4
Lawyer Suspended for Questionable Transaction with Vulnerable Older Adult
Vested Interest – Probing a Purchase Money Resulting Trust in Falsetto v. Falsetto
The Recent Decision In The Estate Of Harold Franklin Campbell (Re)
Moffatt v. Air Canada: Bereavement Fares – Do Your Research!
Analysing the Repudiation of Minutes of Settlement in an Estates Matter
What is a Charity? WEL on Charities Series – Part 1 of 4
A Fiduciary May Not Engage in Self-Dealing
Does the Court Have Jurisdiction to Vary or Terminate a Charitable Trust?
A Manitoba Mortgage Broker’s Financial Abuse of an Older Adult
The Entitlement to Look for Testamentary Documents in White v White
Five Notable Estates & Trusts Decisions of 2023
Recent Changes to the Estate Court Forms and Court Rules
Roe v Roe: A Litigant’s Reprehensible Behaviour And Increased Costs
Genuine Issue for Trial Required for Proof of Will in Solemn Form
Albert’s Occasional Interesting Words and Musings
The Power to Protect Vulnerable Individuals Under the Doctrine of Parens Patriae
New Trust Reporting Requirement for Tax Years Ending On or After December 31, 2023
STEP Webinar: Mental Capacity: A Global Perspective
Squandering of Funds by a Statutory Guardian: Public Guardian v. Deforest et al
Can a Breach of Fiduciary Duties Disentitle an Attorney from their Beneficial Share in an Estate?
Reviewing the Utility of Notices of Security Interests in the Context of Rampant Fraud
Principle of Indemnification – When Can an Estate Trustee Rely Upon?
Can a Disbarred Lawyer Be Retained to Act as an Executor of an Estate?
The Alarming Rise of Scams Targeting Older Adults
When Can a Will Revoke Beneficiary Designations?
Contempt Orders and the Impermissibility of Threatening Criminal Proceedings During Litigation
Admission and Proof of Unsigned Draft Will
Can You Make an Irrevocable Gift of The Right of Survivorship?
Estate Trustee’s Access to Medical Records Includes Incident Reports Prepared by Long-Term Care Home
Use of Extrinsic Evidence in Interpreting a Will
Presumption of Revocation of a Will
A Partial Intestacy? by Albert Oosterhoff
Another Will Rectification, by Albert Oosterhoff
Declaring a Missing Person Deceased in Johnston v. Hasan Et Al., by Brett Book
Serving Older and Vulnerable Investors: A Tale of Advisor Negligence, by Brett Book
Successful Application for Removal of Estate Trustee in Kasanda v. Sartarelli, by Gabriella Banhara
WEL Capacity Series – An Introduction to Capacity Assessments, by Oliver O'Brien
Severance of a Joint Tenancy, by Albert Oosterhoff
Standing to Apply for Declaration of Death Order, by Albert Oosterhoff
Reviewing Court’s Discretion to Remove an Estate Trustee, by Brett Book
When a Court Will Order a Capacity Assessment, by Oliver O'Brien/a>
Do Witnesses Need to Sign Every Page of a Last Will & Testament?, by Evan Pernica
Notice to the Professions: Exploitative Loan Agreements, by Brett Book
Revocation Clause and Beneficiary Designations – Update, by Albert Oosterhoff
A Probate Doctrine of Laches?, by Albert Oosterhoff
Determining Dependants’ Support in Bolte v. Mcdonald Estate, by Brett Book
Gift to Charity that No Longer Exists, by Albert Oosterhoff
Remedies for Misappropriation By Attorney, by Albert Oosterhoff
A Bad Note from the Bank: The Financial Abuse of a Vulnerable Adult, by Brett Book
Estates, Copyright and The Lord Of The Rings, by Oliver O'Brien
The Costs of Success – “Winning” Isn’t Always Free, by Evan Pernica
Rectification of a Will, by Albert Oosterhoff
Settlor’s Right to Restrain Discretion of Trustees, by Albert Oosterhoff
A Recent Decision on Occupation Rent in Estates Matters, by Brett Book
Attorneys for Property: The Consideration of Testamentary Gifts, by Brett Book
What Happens When a Gift in a Will is Made to a Charity That No Longer Exists?, by Evan Pernica
Rebuttable Presumption Of Knowledge And Approval & Capacity, by Albert Oosterhoff
Proprietary Estoppel: Adomauskas v Chrolavicius, by Albert Oosterhoff
Financial Advice For Older Adults – A Case For Concern, by Oliver O'Brien
Disregarding An Order To Pass Accounts And The Penalty For Contempt, by Brett Book
Interpreting Ontario’s Validating Provision In Grattan Estate, by Brett Book
Volume 12
An Illusory Delusion, by Albert Oosterhoff
Fiduciary Powers and The Proper Purpose Rule, by Albert Oosterhoff
Introducing The Pension Protection Act, by Brett Book
Dismissal For Want Of Prosecution In Fitzpatrick v Dobos, by Brett Book
Barriers to Challenging a Will During Life, by Nima Hojjati
The Admissibility of Surreptitious or Illegally Obtained Recordings, by Evan Pernica
Case Overview of Kandlproperties Inc. v. George Street Law, Et Al., by Oliver O'Brien
Fraudulent Calumny, by Albert Oosterhoff
Contrary Intention and The Armchair Rule, by Albert Oosterhoff
Reunification of Couples in Long-Term Care – The Case of John and Gwen Hooper, by Oliver O'Brien
Rectification and Costs, by Albert Oosterhoff
Removal and Passing Over of Executors and Administrators, by Albert Oosterhoff
Introducing New Brunswick’s Supported Decision-Making & Representation Act, by Brett Book
Litigation Tips – How to Hyperlink in Caselines, by Nima Hojjati
Important Changes to Ontario’s Regulatory Registry, by Brett Book
Disclosing Agreements that “Change the Litigation Landscape”, by Evan Pernica
Protective Trusts and Re Richards, by Albert Oosterhoff
Canadians Without Wills, by Oliver O'Brien
The More Beds, Better Care Act, 2022, by Brett Book
Revisiting the “Armchair Rule” in Jonas v. Jonas, by Brett Book
What Happens When a Person Writes on Their Will?, by Evan Pernica
Trustee’s Right of Indemnity, by Albert Oosterhoff
Estate Planning and Changing Family Dynamics, by Albert Oosterhoff
Testamentary Document Or Secret Trust?, by Albert Oosterhoff
The Presumption of Due Execution: Re Grace Estate, by Albert Oosterhoff
Changes to Virtual Verification of Identity in Ontario, by Brett Book
No Assent – Property Does not Vest, by Albert Oosterhoff
Life Estate or Licence – A Continuing Conundrum, by Albert Oosterhoff
Procedural Fairness at the Consent and Capacity Board, by Nima Hojjati
Recovery of Personal Tax Debt from Trustee, by Albert Oosterhoff
‘The Best Laid Schemes O’ Mice An’ Men/Gang Aft A- Gley’, by Albert Oosterhoff
Recovery of Overpayments Into a Trust, by Albert Oosterhoff
Rescission Not Possible to Avoid Adverse Tax Consequences, by Albert Oosterhoff
A Quistclose Trust or a Dud?, by Albert Oosterhoff
Designation of Beneficiaries and the Presumption of Resulting Trust, by Albert Oosterhoff
Ademption By Conversion: Best v Hendry, by Albert Oosterhoff
First Comes Love, Then Comes Marriage: Capacity to Marry, Separate and Divorce, by Rebecca Betel
Volume 11
Bayford v Boese Encore, by Albert Oosterhoff
Executor’s Compensation and Passing of Accounts, by Albert Oosterhoff
Can an Unsigned Holograph Codicil Be Probated?, by Albert Oosterhoff
Should You Be Able to Share in Your Common Law Partner’s Intestate Estate?, by Albert Oosterhoff
Should You Be Able to Share in Your Common Law Partner’s Intestate Estate?, by Albert Oosterhoff
Removal of Trustees for Unreasonable Conduct, by Albert Oosterhoff
Effect of a Will’s Revocation Clause on Beneficiary Designations, by Albert Oosterhoff
2022 Brings Exciting Changes to Ontario With Bill 245, by Rebecca Betel and Natalie Kodsi
Derivative Actions in Estate Litigation, by Albert Oosterhoff
Apple Takes Digital Estate Planning Into Its Own Hands, by Daniel Paperny
Entitlement to Constructive Trust for Tortious Conduct, by Albert Oosterhoff
Canadian Will Validating Provisions and Their Application, by Albert Oosterhoff
Formalities, Probate, and Rectification: Conner Estate v. Worthing, by Albert Oosterhoff
O What a Tangled Web We Weave: Bayford v. Boese, by Albert Oosterhoff
Removal of Trustee for Inappropriate Use of Discretion, by Albert Oosterhoff
Cochrane v. Cochrane: A Fiduciary’s Blurred Lines, by Paul Murphy
Using English Properly: Misuse of Personal Pronouns, by Albert Oosterhoff
Think you can Hide Behind a Signature? Think Again! – Bayford v. Boese, by Bryan Gilmartin
The ‘Slayer Rule’: The Bank of Nova Scotia Company v. Rogers, by Albert Oosterhoff
Sherman Estates: Supreme Court of Canada Reviews Sealing of Estates Files, by Paul Murphy
Ageism and the Law in Canada, by Kimberly Whaley
A Statutory Devolution of the Office of Administrator in Ontario? by Albert Oosterhoff
Why Does Ontario Have Estate Trustees? by Albert Oosterhoff
When Can a Judge Sit in the Testator’s Armchair? by Albert Oosterhoff
Volume 10
Have You Heard About the NFT Revolution and its Impact on Estates?, by Daniel Paperny
Welcome Amendments to Ontario’s Succession Law Reform Act, by Albert Oosterhoff
Inheritance on Intestacy, by Albert Oosterhoff
Ontario’s Inadequate Home Care Forcing Seniors into Hospitals, by Matthew Rendely
Estates in the News: Football Family Feud
Uncertain Language in a Will Can Have a Major Impact on the Beneficiaries of an Estate
Missing Case – Grassing v. Riley, 2020 MBQB 34
Yet Another May-December Marriage
The UTRA: Protecting Society’s Vulnerable from “Unconscionable Transactions”
Make a List and Check It Twice! – Attorneys for Personal Care Must Keep Track of Their Decisions
A Holograph Will: Can It Be As Simple As a One-Liner?
L.T. v. D.T. Estate: B.C. Court of Appeal on Posthumous Use of Reproductive Material
The UTRA: Protecting Society’s Vulnerable from “Unconscionable Transactions”
Procedural Timelines in Court Orders: Is Covid-19 a Get Out of Jail Free Card?
What Happens When a Parent Transfers Real Property to an Adult Child in Joint Tenancy?
Movie Review: Movie Review – Knives Out: Hollywood & The World of Estate Planning/Litigation Collide
Book Review: Kim’s Summer Read: The Skin We’re In – A Year of Black Resistance and Power By Desmond Cole
Feature: Health and Wellness Tips During Pandemic Times and Beyond
Coronavirus Exposes the Vulnerability of Seniors, Importance of Good Planning
Gifts Over on Death Before Receipt
When Trustees Wear Other Hats: Removal in a Conflict of Interest
The Limitation Period to Commence a Will Challenge Seeking Substantive and Consequential Relief
Can a Joint Tenancy Be Severed Before Death, If the Severance is Only Registered After?
Volume 9
Are You Certain You Will Be Granted Leave to Require an Attorney to Pass Accounts?
The Kobe Bryant Estate: A ‘Mamba Mentality’ Towards a Comprehensive Estate Plan
Memory: The ‘Grand Criterion’ in Determining Testamentary Capacity in Re: From Estate
2020 Brings Small Relief for Estates in Ontario
The Revival of the Doctrine of Unconscionable Procurement
Have You Ever Had to Explain to a Client The Consequences of Section 26(1) Of The Family Law Act?
Slover v. Rellinger – Family Conflict and the Ever-Changing Estate Plan
But We Never Had ‘The Talk’ …. – The case of Derakshan v. Narula
Who Qualifies as a ‘Spouse’? The B.C. Court Of Appeal Says it’s a “Judgement Call”
July 2019, Vol.9 No.4 - Our 100th Edition!
Law Review (i) Part 1: Nova Scotia Supreme Court: Testamentary Autonomy is a Constitutionally Protected Right & Sections of Provincial Dependant Support Legislation Held Unconstitutional
Law Review (i) Part 2: Who Is Next? Will Other Provinces with Similar Wording As The Nova Scotia Legislation Follow Suit
Law Review (i) Part 3: How the United States Shows Us the Potential Consequences of Holding Testamentary Autonomy to be a Fundamental Right
Navigating the Twilight Zone: Decision Making Capacity and Dementia
Not every breach of duty by an attorney under a POA is a fiduciary breach of duty
What Moore v. Sweet tells us about the Flexibility of the Doctrine of Unjust Enrichment
Volume 8
#bustedlitigation: When your case goes down… in the dm’s
Conflicts of Interest in Matrimonial Property Claim Brought by Administrator Against an Estate
What is Proper and Adequate Interim Support and How is it Measured?
A Cautionary Tale When Objecting to an Appointment of Estate Trustee with a Will
Legal Capacity in Family Law Litigation
Determining the Appropriate Location to Commence Power of Attorney Litigation
Determining the Substitute Decision Maker of an Incapable Person
Charles v Junior And Estate: Interim Support and the Importance of Financial Disclosure
Section 3 Counsel and the Rebuttable Presumption of Capacity to Instruct
Davey v Craig: Court Dismisses Matrimonial Claim Disguised as an Estate Claim
Life Insurance as Security for Support Obligations
Testamentary Capacity – A New Standard?
An Update: U.N. Convention on Rights Of Person’s With Disabilities
What Is a Will and What Is the Role of a Court of Probate Redux: Re Milne and Re Panda
What Is a Will and What Is the Role of a Court of Probate – Update
Re Wall Estate: Notice of Objection to Passing of Accounts Not Barred by Limitation Period
“Residue of a Residue” and a Reminder that Adjournments Are Not as of Right: Sabetti v. Jimenez
Extension of the Limitation Period for a Claim for Dependant Support: Habberfield v Sciamonte et al.
UBC Granted Leave To Commence An Action For Recovery Of Benefactor’s Assets, Gordon Estate (Re)
The "Rule of Convenience" & Interest Payable to Beneficiaries: Rivard v. Morris
Volume 7
Defining a “Spouse”: More than just a checklist: Robledano v Jacinto
Court of Appeal Finds Lawyer Seriously Interfered with Administration of Justice
The expansion of proprietary estoppel: Cowper-Smith v. Morgan
An Irrevocable Right of Survivorship?
A Jurisdictional Dispute in an Estate Claim: Wamboldt Estate v Wamboldt
Does an Unidentified Interpreter Equal Suspicious Circumstances? Bhalla Estate
The Presumption of Destruction & Capacity to Revoke: Goold Estate
Son Ordered to Vacate Deceased Mother's House: Occupation Rent Ordered: Filippeli Estate
You Don’t Choose your Family, or your Joint Attorney
Canada’s Aboriginals: The Legacy of Institutional Paternalism
Proposed Tax Changes
A Clear Case of Elder Abuse: Danilova v Nikityuk
The All Families are Equal Act: Potential and Promise – Modernizing the Family
Did the Superior Court expand the doctrine of donatio mortis causa to apply to real property?
Law Commission of Ontario Project on Improving the Last Stages of Life, May 2017
Dagg v. Cameron Estate, 2017 ONCA 366, 2017 CarswellOnt 6557
Solicitor’s Negligence CPOAP & Testamentary Capacity Indicators– Prince Edward Island –Not A New Case But A Good One!
Law Commission of Ontario (LCO) Final Report
Plain Language and the Danger of Legalese
Law Review: When is a remedial constructive trust available? Moore v. Sweet, 2017 ONCA 182
Volume 6
When Is Enough, Enough? Vexatious Litigants In Estate Litigation
Birtzu V. Mccron: Will Challenge Statute Barred: Or Is It?
Can You Give a Gift Which You Do Not Have?: Teixeira v. Estate of Maria Markgraf
BC Court of Appeal Confirms No Duty Owed by Drafting Solicitor to Beneficiaries under Former Will: Johnston Estate v. Johnston, 2017 BCCA 59 (CanLII)
Meaning Of “Children” In A Will: Biological? Adopted? Foster?
Removal of Estate Trustee for Failure to be a “Prudent Investor”
Solicitor’s Negligence Concerns in a Wills & Estates Practice
“Critical” Evidence Given by Lawyers in Alleged Undue Influence Case: Morris v Rivard
O’Brien Estate: Deceased’s Promise to Pay for Higher Education Honoured
Will a Court extend the Limitation Period to file a Dependant Support Claim under the SLRA?: Weigand v. Mohammed
Driscoll v Driscoll: Costs Paid by Estate of Testator Who Left Everything to Son, Ignoring Seven Daughters
Volume 5
Volume 4
Volume 3
Volume 2
Volume 1
