As we bid farewell to 2023, we are excited to highlight our most popular articles of the year.
Coming in at number 5 is an article written by Suzana Popovic-Montag, which delves into the precarious entitlement of common law spouses on an intestacy. Suzana explores the idea of whether Ontario should consider extending Part II of the Succession Law Reform Act to include common law spouses. Suzana notes ongoing legislative developments in New Brunswick to extend intestate succession rights to common law partners, but shares that there is no indication of a similar change in Ontario, making estate planning crucial for those in common law relationships.
As accessing digital assets becomes a more common situation thrust upon estate trustees, in this article I describe the processes and challenges involved in compelling a company such as Apple to unlock the device of a deceased individual. I suggest planning for digital asset transfer before death, such as by utilizing Apple’s Legacy Contact option or providing another secure method for estate trustees to access login data.
Ushering in a new era of will validation under section 21.1 of the Succession Law Reform Act, David Morgan Smith outlines the fiercely debated case of Grattan v. Grattan, in which an unsigned and unwitnessed will was validated by the Court. The court considered the deceased’s deliberate and fixed expression of intention as to the disposal of her property, despite the lack of formal execution. The decision emphasizes the legislative provision’s role in curing previously uncurable issues in will execution.
In this article, Nick Esterbauer explores an always important topic for drafting solicitors in identifying red flags relating to diminished mental capacity and vulnerability to undue influence. Nick shares the British Columbia Law Institute’s video resource as a companion to its Undue Influence Recognition and Prevention Guide for Legal Practitioners.
Wrapping up the list as our most popular article of the year is an article by Ian Hull. Ian explores the report of the Alberta Law Reform Institute, which recommends that the law in Alberta be updated to expressly provide for electronic wills. Noteworthy recommendations include recognizing electronic holograph wills and giving courts the power to validate video wills for probate.
In 2023, we saw incredible developments across estate administration and litigation as showcased by our top posts. Thanks to each of you for supporting us by reading and sharing our articles. We wish you a restful holiday and a prosperous 2024 ahead!