Wills & Estates

The validity of wills, estate administration, powers of attorney and medical assistance in dying

Independent evidence required to support unjust enrichment claim based on change of beneficiary: OCA

Some independent evidence is needed to support Moore v. Sweet claims, says Nick Esterbauer By Julius Melnitzer | November 18, 2022 Parties alleging that a change of beneficiaries was unlawful must prove the existence of a clear agreement to maintain their beneficiary status without change, the Ontario Court of Appeal has ruled. In Fair v. BMO […]

Family businesses are built to be passed on. That just got easier and less costly

PHOTO BY GETTY IMAGES/ISTOCKPHOTO The potential savings on wealth transfer taxes with Bill C-208 could amount to as much as $400,000 “Keeping the business in the family”  will get a whole lot easier  — and a whole lot less costly — when Bill C-208, which received Royal Assent this week, comes into force on January […]

Nova Scotia Decision on Dependents’ Relief Redefines Testator’s ‘Liberty’

The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. “The decision expands the scope of the liberty interest protected in s. 7 of the Charter of Rights by recognizing that […]

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