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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

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....more

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. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a...more

2/24/2017  /  Beneficiaries , Canada , Estate Planning
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