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Searching Content indexed under Family and Matrimonial by Bennett Jones LLP ordered by Published Date Descending.
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Discouraging Family Fights From The Grave
If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything.
Canada
8 Mar 2019
2
Staying The Course: Courts Will Not Hear Stayed Actions
In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position.
Canada
22 Nov 2017
3
Lawyers' Opinions Matter When A Will Is Prepared
When a Will is challenged on the basis of allegations of undue influence, incapacity, or suspicious circumstances, the court will look at various factors to decide if the Will should be followed or...
Canada
20 Jun 2017
4
Compensation In Question? Remember That Guidelines Are Tools Not Rules
As anyone working in the estate area knows, the task of the personal representative is often onerous. But how much is it worth?
Canada
5 Apr 2017
5
A Deceased Can't Always Will What They Want
There is a common misconception that the testator is free to leave their estate to anyone they choose.
Canada
6 Mar 2017
6
Be Sure To Mind Your Manners In Estate Litigation
Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts.
Canada
21 Feb 2017
7
Children Are Children, Right?
An interesting Will interpretation question arose in Matras Estate, 2016 ABQB 728 regarding the meaning of the word "children".
Canada
10 Feb 2017
8
Needing Extrinsic Evidence To Validate A Will And The Risks Of Failing To Follow The Formalities
In McNeill Estate (Re), 2016 ABQB 645, the court used extrinsic evidence–evidence outside the Will itself–to validate a Will even though only a photocopy was available and it was witnessed by only one person, not two.
Canada
10 Feb 2017
9
He Said, She Said–The Law Has Presumptions For A Reason
As a result, the daughter was directed to pay over to the Estate the proceeds of the sale of the residence.
Canada
29 Dec 2016
10
Maintenance For Dependents–Charities May Have To Wait
In Craigmile Estate (Re), 2016 ABQB 125, the Court considered an application to vary the terms of a will to provide maintenance and support to the testator's adult dependent child.
Canada
29 Dec 2016
11
Big Fight, Big Bill
The recent case of Yaworski Estate (Re), 2016 ABQB 86 serves as a reminder to warring beneficiaries that their modest inheritances could be eaten up by administration and legal fees...
Canada
29 Dec 2016
12
An Introduction To The Division Of Pension Benefits On Marriage Breakdown In Ontario - Part I
The long-awaited reform of the family law provisions of the Ontario Pension Benefits Act (PBA) came into effect on January 1, 2012, and the passage of time has brought to light the challenges...
Canada
6 Apr 2016
13
Supreme Court Of Canada Clarifies Boundaries Between Provincial And Federal Courts
Robert Strickland and five other applicants sought to challenge the Federal Child Support Guidelines as unlawful.
Canada
16 Jul 2015
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