Re Milne Clarified: A Will is Not a Trust | Yesterday’s Appeal Decision
Yesterday’s decision, Milne Estate (Re), 2019 ONSC 79, which was an appeal from the Superior Court to the Divisional Court, provided much needed clarity on the question as to whether a will is a trust, whether a will must satisfy the three certainties test, and the investigative role of the court during a probate application.
Read MoreThe Wife and the Mistress – Can they both be Dependants?
What happens when a man is married, but is in another relationship? Can their mistress be considered a dependant (in addition to their wife)? The wife and the mistress In the case of Prelorentzos v. Havaris (2015) the deceased had died at the age of 71 leaving behind his wife with whom he had separated from but
Read MoreOnline Romance & Dependant Support
Who is a dependant? As opposed to the English law principle laid down by Cockburn CJ in Banks v. Goodfellow (1870) LR 5 QB 549 that a testator enjoys absolute freedom in giving out his estate to any person of his choice, Part V of Succession Law Relief Act (the “SLRA”) makes a provision for dependants
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