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Logan Estate: An Example of Best Practices in Will Drafting

A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of...more

New Trust Reporting Rules

Beginning in 2021, new reporting rules come into effect for most Canadian resident trusts. The rules are intended to improve the collection of beneficial ownership information with respect to trusts and to help the CRA assess...more

Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal

In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more

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....more

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