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  • Estates Gone Wrong
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  • Legacy Lexicon
Learn why fiduciary access to digital assets matters and how a new Alberta Act would help facilitate access... 07 Aug
  • by Estates Gone Wrong
  • Curated Content, Law Reform

Alberta Law Reform: Fiduciary Access to Digital Assets

Executor —the deceased's son— transferred estate properties to himself and his brother without fair market value compensation. His conduct was deemed a significant conflict of interest: favouring certain beneficiaries over others. 06 Aug
  • by Estates Gone Wrong
  • Curated Content, Family Disputes

Court Removes Deceased’s Son as Estate Executor for “Self-Dealing”

Navigating the complex web of estate planning for Canadians with foreign ties requires a deep understanding of both domestic and international tax laws. That is why involvement of legal experts from the relevant foreign jurisdictions is often necessary and strongly recommended. 30 May
  • by Estates Gone Wrong
  • Curated Content, Related Resources

The Complexities of International Estate Planning for Canadians

People often believe that they can litigate a wills and estate matter in a “risk-free” manner because the estate will bear the legal costs of the disputants. That is generally not true... 06 May
  • by Estates Gone Wrong
  • Curated Content, Related Resources

The Legal Costs of Estate Litigation: Know The Risks!

Does the Court Have Jurisdiction to Terminate a Charitable Trust? The answer to the question is Yes. But the jurisdiction must be exercised sparingly and not indiscriminately. 14 Feb
  • by Estates Gone Wrong
  • Charitable Misgivings, Curated Content

Does the Court Have Jurisdiction to Terminate a Charitable Trust?

In light of UK broadcaster Esther Rantzen’s revelation that she has considered assisted dying, we look at the policies of other countries 20 Dec
  • by Estates Gone Wrong
  • Curated Content, Law Reform

Assisted Dying Around the World: Where and When it is Allowed

If a personal representative wishes to purchase estate assets, it should be with the consent of all beneficiaries or occur at fair market value with the approval of the court. 14 Aug
  • by Estates Gone Wrong
  • Curated Content, Related Resources

BC Supreme Court Ruling: When “Self-Dealing” May Be Allowed

In Canada, estate laws fall under provincial jurisdiction, meaning they can vary from one province to another. Therefore, it’s essential to be familiar with the laws in the province where the estate is located. 01 Aug
  • by Estates Gone Wrong
  • Beneficiary Rights, Curated Content

Estate Disputes in Canada: Your Legal Rights & Protections

When it comes to estate litigation, the payment of costs from the estate may not be guaranteed. It is important for litigants to always be mindful of the potential costs consequences... 02 Jun
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Litigation Costs Covered By The Estate? Not Guaranteed!

Just because the law allows for a testator to hand-write their own will does not make it a good idea, as a recent court decision shows. Even a harmonious family is likely to end up in court, seeking confirmation that the handwritten document was indeed a valid Holograph Will.  30 Mar
  • by Estates Gone Wrong
  • Common Mistakes, Curated Content

Handwritten Will Declared Invalid by Ontario Judge

Individuals who are making plans related to end-of-life decisions, providing assistance to adults or minors in need of care, or making other life changes may need to complete and file a number of estate planning or probate forms in court. Some of the most common areas in which people may seek out forms of this nature include those related to advance directives, guardianships, and name changes. 30 Mar
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Estate Planning & Probate Legal Forms: 50-State Resources

Balancing fairness with religious and cultural customs in estates— The law requires equality between men and women. Following tradition may not stand up in court... 09 Mar
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Balancing Cultural Tradition and Estate Law in BC

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Recent:

A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This recent Ontario court case is a useful reminder of the difficulties that can arise...

What Happens When a Will is Missing an Important Clause?

In many cases, an executor’s first instinct is not to call a lawyer. It is to ask Google. The problem? Google can provide thousands of answers, many of which are incomplete, inaccurate, or based on another jurisdiction. Executors need practical guidance tailored to the particular estate they are administering.

Cautionary Guidance for Executors: Google at Your Own Risk!

Many people hear “executor” and think it means reading the will and writing a few checks. In reality, executors can face personal liability. Find out exactly what you're agreeing to, before you agree...

Agreeing To Serve As Executor: Not As Simple As It Sounds

Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. Ironically, the very simplicity that makes holograph codicils attractive can also make them extraordinarily vulnerable...

Ontario Case Study: The Hidden Risks of a DIY Codicil

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