Estates & Trusts Archives : 2018

Class v. Smith (2018), 2018 ONSC 623, 2018 CarswellOnt 5705 (Ont. S.C.J.)

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On balance of probabilities, deceased died intestate and without lawful heirs

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Quinn Estate (2018), 2018 BCSC 365, 2018 CarswellBC 543 (B.C. S.C.)

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Executor of deceased’s estate sought determination as to whether pour-over clause in his will for Canadian assets was invalid, and, if so, whether it was cured by s. 58 of Wills, Estates and Succession Act

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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PGT brought application for order to rescind appointment of father as committee of his son

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Digest of the Week | Money in a Joint Account

After father died, C transferred $372,637.21 that was remaining in joint account into his own personal account

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One-third share of residue that should have gone to testator’s son was to be distributed amongst applicants, his surviving children, in equal shares

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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Defendants' failure to advise plaintiff of significant legal risks in pursuing plan fell squarely within exception of failure to warn where duty to warn was clear, and expert evidence of solicitor's negligence was not required

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Plaintiff brought action to challenge validity of will and marriage on grounds that deceased did not have capacity

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Testator died while SC continued to reside with mother, remaining dependent while receiving disability support payments

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