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Searching Content indexed under Wills/ Intestacy/ Estate Planning by Miller Thomson LLP ordered by Published Date Descending.
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1
Severing A Joint Tenancy By Will; Marley v. Salga, 2019 ONSC 3527
The testator died testate, having made his last will July 29, 2015, approximately one month prior to his death.
Canada
12 Aug 2019
2
Daniel Estate (Re): A "‘Good News' Story"
One's choice of estate trustee, attorney for property and attorney for personal care is an important one. An estate trustee faces the responsibility of administering your estate in accordance with your Will(s) following your passing
Canada
29 May 2019
3
Powers Of Attorney And The Alberta Land Titles Registry
The Alberta Land Titles office no longer accepts powers of attorney for general registration.
Canada
15 Apr 2019
4
Understanding the Use of No Contest Clauses In Alberta: Anderson Estate, 2017 ABQB 422 And Mawhinney v Scobie, 2019 ABCA 76
No contest clauses, or "in terrorem" clauses (latin for "in terror" or "by way of threat") are often used in wills to attempt to create a consequence or an ability to prevent a gift, if certain conditions are not met or certain actions are taken.
Canada
14 Mar 2019
5
Can Professional Secrecy Be Unveiled For Persons In Vulnerable Situations?
When estate planning involves a transaction with an elderly person or a person of full age in a vulnerable situation ("Vulnerable Person"), lawyers and notaries ("Legal Advisers") must be careful to reconcile the wishes of the parties, the protection of the vulnerable client and professional secrecy.
Canada
14 Mar 2019
6
A Comparative Analysis Of A Testator's Power To Delegate Dispositions Of Property; Cohen c. Succession De Cohen, 2018 QCCS 3212
Much has been written recently about the extent of a testator's powers to delegate certain powers under his or her Will.
Canada
11 Feb 2019
7
What's Happening - January 2019
Our national Private Client Services Group's cornerstone publication, Miller Thomson on Estate Planning, was cited favourably in the appeal decision of the Divisional Court ...
Canada
6 Feb 2019
8
Update On Multiple Wills – Milne Estate (Re), 2019 ONSC 579
On October 29, 2018, Miller Thomson LLP issued an advisory on the recent decision of the Ontario Superior Court in Milne Estate (Re) and its potential impact on multiple Wills.
Canada
6 Feb 2019
9
Private Client Laws And Regulation 2019
Domicile is generally not relevant to the determination of an individual's Canadian tax liability. Rather, the rationale for imposing Canadian income taxes on individuals is based on the concept of tax residence in Canada ...
Canada
22 Jan 2019
10
Estate Planning For The Family Cottage…It's Complicated
Estate planning is not an easy task, as families are complicated.
Canada
18 Dec 2018
11
New Caselaw On Multiple Wills - October 29, 2018
A recent decision of the Ontario Superior Court of Justice may have an impact on your Wills if you have multiple Wills.
Canada
5 Nov 2018
12
New Caselaw On Multiple Wills
A recent decision of the Ontario Superior Court of Justice may have an impact on your Wills if you have multiple Wills.
Canada
29 Oct 2018
13
Home Is Where The . . . . Domicile Is?
Born in Vancouver, raised in Toronto, educated in New York, graduate degree from England, first job in Hong Kong, transferred to Tokyo, retired in the Cayman Islands.
Canada
10 Sep 2018
14
Alberta's New Act To Strengthen Financial Security For Persons With Disabilities
Effective April 1, 2018, Alberta introduced changes to the Assured Income for the Severely Handicapped Act and Regulations to allow families and guardians more options for financial support for persons ...
Canada
10 Sep 2018
15
Recognizing And Understanding Undue Influence In Estate Planning
Undue influence is a troubling issue in estate planning as it is not always apparent to even the most experienced of lawyers when taking instructions from clients
Canada
14 Aug 2018
16
Donation Of An Investment Account: The Quebec Court Of Appeal Confirms There Is No Need For A Notarial Deed Of Gift!
An ailing parent in the final days of her life wants to give an investment account to her children.
Canada
14 Aug 2018
17
Surviving Spouse Granted Extension Of Time To Decide Whether To Make Spousal Election
In Ontario, after the death of a married spouse, the surviving spouse has a choice to make. He or she must decide within six months of the death of the spouse whether he or she wishes...
Canada
6 Jul 2018
18
Farm Succession Planning: Can Unpaid Farm Work Give Children An Interest In The Family Farm?
The answer to this question is likely "no" in most provinces except where the farm chores amount to "exploitation", or a provincial statute varies general common law rules.
Canada
9 Oct 2017
19
Uncharted Territory: Rights Of And Rights To Reproductive Material And Embryos
While assisted reproduction is no longer novel, the law is still not settled as to what rights people have to reproductive material and the right of embryos conceived through assisted reproduction.
Canada
30 Jan 2017
20
Becker v. Becker: Testamentary Capacity
In Becker v. Becker, the Supreme Court of British Columbia considered whether a testator who had been hospitalized with an inoperable brain tumour had the requisite testamentary capacity...
Canada
13 Sep 2016
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