Information About WEL Blog

A beneficiary under a Will has standing to bring various claims against an estate. This includes the ability to challenge the validity of a Will or to apply to the court for an Estate Trustee to pass their accounts. A question that has been considered several times in the past few years is whether a … Read more »

1. Introduction It is, I think, well-known that, in the case of an initial impossibility or impracticability if a testator evinces a general charitable intention, the court can redirect charitable gifts that might otherwise fail, under the cy-près doctrine.[1] It is also often thought that if the te … Read more »

Under Ontario’s Rules of Civil Procedure,[1] a ‘person under disability’ is defined in Rule 1.03 as either: A minor; Someone who is mentally incapable pursuant to section 6 or section 45 of the Substitute Decisions Act (“SDA”);[2] or An absentee pursuant to the Absentees Act.[3] Section 6 and sectio … Read more »

The law imposes a duty on all trustees, including estate trustees, to keep accurate and fulsome accounts. A trustee must keep a complete record of their activities and be always able to prove that they administered the estate prudently and honestly. The ability to properly account may impact the amo … Read more »

Introduction In a recent decision from the Supreme Court of British Columbia, Dewberry Estate (Re)[1], an application was brought by an estate administrator, Angela Dewberry (“Ms. Dewberry”) for directions regarding the process to be followed in the sale of an estate property.[2] The application is … Read more »