PRACTICE AREA: Estates & Trusts

Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased

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WeirFoulds Estates & Trusts Newsletter | Recent Decisions Involving Powers of Attorney

Featured in this issue are digests of recent decisions involving powers of attorney.

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Phrase of the Week | Certainty of Intention

Angus v. Port Hope (Municipality) (2017), 2017 ONCA 566, 2017 CarswellOnt 10123 (Ont. C.A.)

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Enhanced Text and Annotations Library

The enhanced Text and Annotations Library is coming soon in September on WestlawNext Canada.

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Digest of the Week | Applicant Sought Sole Custody of Remains

Widow sought to be granted sole custody of deceased’s remains

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Sample Estates and Trusts Legal Memo | Void for vagueness

Can a clause in a will be void for vagueness or uncertainty? View sample legal memo.

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Digest of the Week | Incapacity and Guardianship

Mother, age 90, suffered from Alzheimer’s disease -- Her four children could not agree on her care -- M and A applied for declaration of mother’s incapacity and their appointment as guardians of her personal care and property

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Digest of the Week | Intestate Succession

Although unusual, it was possible for person who dies without will to leave behind two or even more persons who might qualify as "spouse" under WESA for purposes of intestate estate distribution

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Digest of the Week | Costs Against a Personal Representative

Daughter failed in her role as fiduciary towards her father, and defendants’ posture amounted to more than mistake

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Digest of the Week | Compensation for Estate Trustees

Trustees were entitled to reimbursement for disbursements but not to compensation, as they had not presented time dockets and had engaged in troubling conduct with suggestions about trust that were contrary to beneficiary’s interests

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Digest of the Week | Dependants' Relief

By clawing back into father's net estate only that portion of proceeds of life insurance policy in excess of amount required to satisfy father's family law support obligations, funds may be made available to support other dependants while discharging existing support obligations

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Digest of the Week | Property in Reproductive Material

Deceased freely and repeatedly expressed his consent to wife's use of reproductive material following his death

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