Linda Smith died suddenly, at 91 years of age, still in her own house and living independently. She was a widow, and had two sons, Larry and Bob. Neither boy had succeeded in making his way in the world. Both lived at home with her for significant periods of time over the years. Larry was […]
Gill v. RSPCA In The High Court of Justice Chancery Division Mr. James H. Allen, Q.C. (Sitting as a Deputy Judge of the High Court) Decision delivered: October 19, 2009 This case, from England, has become the subject of assorted commentary including an interesting article in the February, 2010 issue of Step Journal by Mark […]
Garron Family Trust (Trustee of) v. R. 2009 TCC 450 Tax Court of Canada Judgment: September 10, 2009 The Tax Court of Canada considered the issue of trust residence in a case that involved a complex reorganization of a holding company of a Canadian corporation that was in the business of manufacturing and assembling parts […]
By John Delaney and Ted Crane Pecore v. Pecore, 2007 SCC 17 Madsen Estate v. Saylor, 2007 SCC 18 Supreme Court of Canada Decisions delivered: May 3, 2007 The Supreme Court of Canada has recently released its decisions in the companion cases of Pecore v. Pecore and Madsen Estate v. Saylor. Both cases were appeals […]
When does the client have to have testamentary capacity during the will making process? The law dealing with the due execution of a valid last will and testament is clear in providing that the testator must have testamentary capacity as of the date they give instructions, not necessarily as of the date they sign the […]
Mary has the most beautiful cottage in the world. On a lakefront in British Columbia, it sits high on a hillside, jutting up out of the trees and into the breeze. The back porch is screened in from from floor to ceiling on three sides and fresh air pours though. The cottage has an island […]
Mr. Pendock Barry lived in England in the mid 1800s. He was wealthy. He was also eccentric. Those who knew Pendock described him as “childish in his amusements and occupations.” That was an understatement. He would have his servants prepare a coach, without horses, and climb aboard with a whip and pretend to be driving […]
When Mary divorced she worked hard to limit contact between her ex-husband and the children. It was her heartfelt belief that it was not in their best interests to spend extended periods of time with their father. Her ex-husband did not push the issue during the divorce. If he had, Mary had been prepared to […]
Elizabeth Amelia Brown was widowed in 1919. Her dead husband had been wealthy, and his will gave her access to his family fortune. She would be comfortable for life. She was also put in a position where she would decide who would get the family fortune when she died. There would be lots of money […]
Jane Smith was adopted in 1941 when she was fourteen day sold. Her adoptive mother and adoptive father raised her together until her father died when she was eleven. Unfortunately for Jane, her mother remarried in 1952 to a new husband, Mr. Miller. Time passed and Jane grew up, moved out, and had two children […]
