Category Archives: Legal Matters

James Brown’s Estate Executor Resigns

The resignation of one of singing legend James Brown’s executors demonstrates the risk that executors can be faced with when administering an estate. (more…)

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Executors Can Face Legal Liability From Errors, Omissions or Fraud

Jacquie McNish and Paul Waldie from the Globe and Mail review several large estate fraud cases and the tragic outcomes they had on the families left behind. (more…)

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Common-Law Partners’ Estate Rights

Jonathan Chevreau of the Financial Post reviews Canadian laws with respect to common-law couples and their rights to their partner’s assets upon death. (more…)

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Increase in Estate Litigation in Canada

Fights over inheritances are not uncommon, and parents are taking more steps to protect their estates from legal battles after they are gone.

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Insurance to Protect Executors During Estate Administration Duties

An insurance policy for executors can protect both the executor from personal liability, as well as the estate assets, which may be liquidated to fund any sort of estate litigation.

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How Does an Executor Prove the Proper Execution of a Will?

Article from Your Estate Matters, a Publication of Clark Wilson’s Wealth Preservation Group.

There are formalities involved in making a will. One such formality is with respect to the execution of a will. Section 4 of the Wills Act sets out the execution requirements. It provides in part that:

A will is not valid unless

(a) at its end it is signed by the testator……,

(b) the testator makes or acknowledges the signature in the presence of 2 or more attesting witnesses present at the same time, and

(c) 2 or more of the attesting witnesses subscribe the will in the presence of the testator. (more…)

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Executor Insurance to Protect Against Legal Liability in Estate Administration

Negligence by an executor, even if mistakes are innocent, can render that person liable to beneficiaries and creditors of an estate.

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Executor Insurance Can Protect Trustees From Personal Liability

Executors often face a demanding job, disgruntled beneficiaries, and the genuine risk of personal liability. (more…)

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Estate Administration in the Midst of a Divorce

Photo courtesy of http://www.bravotv.com

The death of Russell Armstrong, husband to Taylor Armstrong of Bravo TV’s Real Housewives of Beverly Hills fame, raises issues about estate administration in the midst of a divorce. (more…)

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When Estate Disputes Between Families Should Go to Court

While estate disputes may be inevitable in some families, recourse to the courts is not always the best answer. (more…)

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