Capacity in the Estate Context
I was invited to speak at a Law Society of Upper Canada CLE seminar that took place on October 30, 2012. It featured many people who I consider some of the best practioners in this area. My paper[1]...
View ArticleThe Unseen Risk to Personal Injury Victims
The recent Ontario case of Timbers Estate v. Bank of Nova Scotia,[1] illustrates the vulnerability of those who are victims of a catastrophic injury. Jeffrey Timbers was in a car accident in 1993 and...
View ArticleDealing with a Testator Whose English is Suspect
It seems self evident and almost trite to say that a will must reflect the intention of the testator. Accordingly, those parties who come to court and submit that the will in question is authentic and...
View ArticleUndue Influence in the Estate Context amongst Orthodox Jews – is Arbitration...
Is there a moral dilemma for the Orthodox Jewish litigator? On June 4, 2013, the B’nai Brith Canada Trust and Estates Group will be presenting a seminar on dealing with fraud as it impacts on the...
View ArticlePrimer for Accountants on Amended EAT
The purpose of this short primer for accountants on the Amended Estate Administration Tax Act 1998[i] [“EAT”] is to provide a concise summary of concerns for those accountants dealing with estate...
View ArticleLimitation Period Cheat Sheet
This cheat sheet is intended as a quick reference guide for estate litigators dealing with limitation periods. For a comprehensive review of this topic I refer the reader to articles written by senior...
View ArticleCourt Ordered Withdrawal of Notice of Objection
Clients are sometimes understandably frustrated when the cost of defending a bogus claim is greater than settling. I want to share a story about one case where an aggressively creative motion addressed...
View ArticleCan Lawyers Immunize Clients against Estate Litigation?
Careful estate planning can sometimes prevent a will challenge – but nothing is fool proof. The purpose of this short review is to look at one arrow in the estate planner’s quiver and see how...
View ArticleRabbi Moshe Feinstein and Halachic Wills
According to Jewish law (“Halacha”)[1], is an Orthodox Jew who accepts an inheritance under a secular will guilty of theft? It depends on who you ask. First some background. According to Halacha, dead...
View ArticleWho Will Have Custody of Your Children?
Is it up to you who will have custody of your children after your death? Not necessarily. In a lecture about Halachic Wills Rabbi Moshe Taub spoke about a young Catholic woman who converted to...
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