It's Called "Executor's Year" For A Reason
I have written before about whether accepting the responsibility of being an executor/estate trustee of an estate is an honour or a...
Rule Of Convenience May Be Inconvenient For Estate Trustees Or Estates
Often a Will allows significant discretion to an estate trustee to make decisions both with respect to calling in the estate's assets or...
The Obligation To Pay Spousal Support May Survive The Death Of The Recipient Spouse?
The obligation to pay spousal support may survive the death of the spouse who receives the support. At first glance, this seems wrong....
The Double Portion In Inheritance Law - Enforceable Or Not?
In ancient times, the eldest son (sorry girls) was entitled to a double share of his father's estate. Many opinions have been offered as...
Which Legal Capacity Are You Acting In? It Matters!
Many times in life, we play more than one role at the same time. For example, we may be spouse, parent, employee and citizen...
Giver's Remorse Litigation Ends In Failure
What happens if you have a change of heart after a particularly generous gift? Are there circumstances when a court will allow "giver's...
Consider Tax Implications Before Settling Estate Disputes
Not all beneficiaries to an estate are equal in that there may be different tax consequences for a beneficiary depending on the identity...
Perfunctory Independent Legal Advice Fails To Rebut The Presumption Of Undue Influence
Often, when a lawyer is working for both parties to a transaction or when a transaction may be disadvantageous to a party, the lawyer...