Wills, Trusts & Estates
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September 11, 2024
Property division and discretionary trusts: Half of nothing is still nothing
Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division and, if included, how to value them in dividing family property.
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August 29, 2024
Willing gifts to an existing trust: Pour-over provisions
We tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts during their lifetime or intend on doing so (i.e., an inter vivos trust), sometimes it is desirable to make a gift under your will to an existing trust.
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August 23, 2024
Alberta decision affirms presumptive enforceability of forum selection clauses
Commercial agreements often include forum selection clauses to ensure certainty and predictability regarding the appropriate venue for the resolution of disputes. While such clauses do not always guarantee that parties will initiate proceedings in the specified jurisdiction, Canadian courts in non-selected jurisdictions will ordinarily enforce them, provided there is no “strong cause” against their enforcement, particularly when the agreement involves sophisticated parties.
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August 22, 2024
The succession rights of unborn children: Under a will
As we discussed in the first article in this series, an unborn child has for many purposes been recognized and accorded varying degrees of protection by the law. This article continues the summary of the legal rights of an unborn child under wills, on intestacy, as dependants or other testamentary documents.
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August 21, 2024
The succession rights of unborn children: Future heirs
An unborn child has for many purposes been recognised and accorded varying degrees of protection by the law. This article begins our discussion of the legal succession rights of an unborn child.
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August 21, 2024
EXECUTORS AND ADMINISTRATORS — Accounts and passing of accounts — Review by judge in chambers
Appeal by respondent Executor from Court of King’s Bench judge’s dismissal of his appeal from passing of accounts order. He challenged the amount fixed for executor compensation, the award of solicitor and client costs against him and the impartiality and independence of the King’s Bench judge. The respondent was the executor of the deceased’s estate for just over eight years before disputes with the applicants over executor compensation and delay in the administration of the estate resulted in litigation.
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August 19, 2024
Federal Court finds Toronto gallery infringed on copyright over famous photographer’s works
The Federal Court has found some instances of copyright infringement on the part of a Toronto-based gallery related to 97 works by celebrated American street photographer Vivian Maier.
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August 16, 2024
Surrendering U.S. citizenship: How it can help, how it can hurt
U.S. citizenship is a privilege for many, but it can also be a burdensome and unwanted obligation for others.
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August 13, 2024
New partner joins Linmac LLP
A recent news release from Linmac LLP announced that Nadia Bechai has joined the firm’s Toronto office as a partner in its wills, estates and trusts group.
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August 13, 2024
Estate and third-party claims in accidental drowning
It bears remembering, as we settle into the latter half of the summer months, that there are risks associated with the water-related activities that attract many of us at this time of year. Whether swimming, boating or floating, the majority of drownings occur in lakes, ponds and rivers while the victim is not wearing a personal flotation device. The risks are especially heightened when one is a weak or non-swimmer and alone.