Estate Litigation Blog

Viewing Publications Categorized "Estate Planning"

Tractor Fender Wills - Still Valid in Saskatchewan

"Tractor Fender Wills - Still Valid in Saskatchewan" tells the intriguing and tragic story of Cecil George Harris, a farmer who, while trapped under a tractor, etched his will onto the tractor's fender in 1948.

You Don't Need a Will. They're Lying to You!! Scenario 1

In our anecdotal series, John, a prosperous accountant, dies unexpectedly without a Will. His family grapples with legal chaos and financial stress, underlining the critical need for estate planning.

In What Situation Would the Presumption of Death be Applicable?

The presumption may be applicable where a person has gone missing for several years. The family of the missing person suspects they are dead, but there is no physical proof that they have in fact died. Pursuant to the presumption of death, that missing person will be legally presumed death after seven years.

What Does it Mean to Die Intestate?

To die intestate means a person dies without a will. A person may die intestate if they do not create a will, or if the will they created is invalid. Further, a person may die completely intestate or incompletely intestate.

A Gift in Life or in Death?

Beatrice Roberts was an independent woman who managed her own finances and did so carefully. When she died, she wanted to divide her estate equally between her four children and one grandchild. However, she also set up a tax-free savings account (TFSA) and designated just one of her children.

A Rule to Be Aware of When Drafting a Will

In Goss Estate (Re), 2020 ABQB 121 a testator prepared his own will and attempted to create trust that would not be gifted to anyone but instead exist in perpetuity. This case demonstrates what will occur if a trust is found to violate the rule against perpetuities. 

Providing for Family After Death

People acquire many different obligations in life: to take care of property, to pay debts, to pay taxes. Many of these obligations continue after we die as well. Another set of obligations that continue into the afterlife are those to partners and children.