A refresher on resulting and constructive trusts
Discussion on resulting and constructive trusts and a recent decision: Borkenhagen v. Kessler.
How Does the Court Interpret An Unclear Will?
In an ideal world, all people would have a clear and unambiguous will in place at the time of their death; however, this is not ... Continued
Can an Executor be Required to Fight a Wills Variation Claim?
Executors often find themselves unsure of how to carry out the terms of a will. This can result from a lack of clarity in the ... Continued
Mark Weintraub to present at Nature Trust’s Estate Planning event
Mark Weintraub, Chair of the Estate & Trust Litigation Group and a Co-Chair of the Wealth Preservation Group, is presenting at the Nature Trust of ... Continued
Proposed Legislation to Address Elder Abuse
Discussion on the recently introduced Bill C-36 to address issues of elder abuse.
Can You Keep a Secret (Trust)?
Discussion about using secret trusts when a will-maker wants to make a discrete gift.
Western Showdown: WSA vs. WESA
Comparison between BC’s WESA (coming into force) and the Alberta Wills and Succession Act.
7 Reasons You Need a Will
Discussion on potential reasons that one should have a will (pre-WESA).
A New Incapacity Planning Tool: The Advance Directive
In 2011, the Health Care (Consent) and Care Facility (Admission) Act (the “Act”) was amended to provide adults with the opportunity to plan for their ... Continued
Availability of Estate Planning Tools Confirmed by Court of Appeal
As referenced in our earlier article, Avoiding Wills Variation Claims: How Far is Too Far?, the Wills Variation Act (“WVA”) permits spouses or children of ... Continued
Wealth Preservation lawyers to present on the Changing Dynamics for Executors
Valerie Dixon and Richard Weiland of our Wealth Preservation Group will be speaking at a seminar presented by the Canadian Bar Association on January 25, ... Continued
Wills Variation and Modern Canadian Values
British Columbia introduced dependant relief legislation in 1920 and despite varying interpretations by the courts over time, the legislation itself has remained substantially the same ... Continued