Tag: book

01 Sep

Feeney’s Canadian Law of Wills, 4th Edition

Doreen So Capacity, Continuing Legal Education, Estate & Trust, Executors and Trustees, General Interest, Trustees, Wills Tags: , , , , , , , , 0 Comments

I was reminded today by this insightful article by Bryan A. Garner, titled “10 Tips for Better Legal Writing”, that secondary sources are an important component of legal research.

In addition to the 5th edition of Probate Practice, Ian M. Hull and Suzana Popovic-Montag are also co-authors of the 4th edition of Feeney’s Canadian Law of Wills, along with James MacKenzie. Both of which were recently released.

The 4th edition of Feeney’s provides a straightforward commentary on the existing probate and estate administration regimes, in addition to in depth commentary on the applicable case law.  The 4th edition of Feeney’s is a resource that draws from statute and case law across all provinces of this country as well as the Commonwealth and the U.S.

As an example, the 4th edition of Feeney’s was recently cited in Vanier v. Vanier, 2016 ONSC 4620, for the following summary of the law on undue influence (at paragraph 10),

“In general, to establish undue influence, the burden of proof rests with the party alleging it.  The extent of the influence must amount to coercion; simple influence is not enough.  The testator’s free will must be overborne.  Put another way, it is not improper for any potential beneficiary to attempt to influence the decision of the testator provided the pleading does not amount to coercion and the latter continues to act as a free agent.  “Some begging is permissible.”  See Feeney’s Canadian Law of Wills, 4th at 3.10 to 3.14; Hall v. Hall (1868), L.R. 1 P. & D. 481.”

All 18 chapters of this loose-leaf are available for purchase here at the LexisNexis Online Store.

Thanks for reading.

Doreen So

Feeney's-Can-Law-of-Wills

 

08 Apr

Administration of the Assets of the Estate – Hull on Estates and Succession Planning #107

Hull & Hull LLP Hull on Estate and Succession Planning, Podcasts Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Comments

Listen to Administration of the Assets of the Estate

This week on Hull on Estates and Succession Planning, Ian and Suzana discuss things to consider when administrating the assets of an estate and point out burdens of being and executor.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985 or leave us a comment on the Hull on Estates and Succession Planning blog.

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