Manitoba eLaw – New Edition – Property and Succession

Update 90, January 2018 has been published. Contents include:

  • Equity Enforces Promises That the Law Does Not: Cowper-Smith v. Morgan, SCC
  • Courts Play a Critical Role in Safeguarding Treaty Rights: SCC
  • Land Titles and Personal Property Registry Changes: Notices and Directives
  • Recommended Reading
  • STEP Programs

I found the Cowper-Smith decision of personal interest. When families no longer live close to aging parents, one sibling can be required to take on more caretaking duties than others, and there should be a way to guarantee recognition for this, especially, as in this case, where an oral agreement was in place.

Contents Update – Estates, Trusts & Pensions Journal

Vol. 37, No. 1 of the Estates, Trusts and Pensions Journal has just arrived.

TABLE OF CONTENTS

From the Legislature

  • RESPs and the Deceased Subscriber by Lorraine Allard and Bernadette Dietrich
  • The Modernization of Trustee Law in Atlantic Canada by Sarah Dykema
  • Foreign Guardians of Property and the Ontario Substitute Decisions Act by Matthew Furrow

Articles

  • Multiple Wills in British Columbia by Geoffrey W. White
  • Multiple Wills in Alberta by Nancy Golding
  • Multiple Wills in Saskatchewan by Karen Crellin
  • Multiple Wills in Manitoba by K. Eleanor Wiebe
  • Multiple Wills in Ontario by Marni M.K. Whitaker
  • The Use of Multiple Wills as an Estate Planning Technique in Atlantic Canada by Timothy C. Matthews and Gerald S. McMackin
  • Informal Fiduciary Accounting: Who, What, When, Where and Why by Susannah B. Roth
  • Quebec: “La Fente” or Legal Devolution to Relatives of the Half-Blood by Marilyn Piccini Roy

Practice Notes

  • Ontario and the Convention on the Law Applicable to Trusts and on their Recognition by K. Thomas Grozinger
  • Whose Claim is it Anyway: Who is Entitled to Assert and Settle a Claim with Respect to a Pension Benefits Act Deemed Trust? by Andrea Boctor

If you would like to receive a copy of any of these articles, please contact the library at greatlibrary@gov.mb.ca.

 

Call for Comments: Updating the Administration of Small Estates

On September 7, 2017, the Manitoba Law Reform Commission released a consultation report on Updating the Administration of Small Estates in Manitoba. The Commission would like to hear your thoughts and comments on this report.

Please submit your comments in writing by email, fax or regular mail to:

The Manitoba Law Reform Commission
Phone: (204) 945-2896 | Fax: (204) 948-2184
432-405 Broadway
Winnipeg, Manitoba R3C 3L6
Email: mail@manitobalawreform.ca

Deadline: October 30, 2017.

 

New Books in the Library – Wills and Estates Titles

We recently ordered a number of new books to add to our collection. All titles are linked to the publisher’s record which includes a summary of the content. You can search the Great Library Catalogue to see if the book is available.

 

Wills and Estates

Macdonell, Sheard and Hull on Probate Practice, 5th ed.

Oosterhoff on Wills, 8th ed.

The Executor’s Handbook, 5th ed.

Although new items are placed in our reserve collection, they are still available for borrowing for a 48 hour period.

 

ONCA on Succession and Family Law

The Ontario Court of Appeal released a decision on how to apply the Succession Law Reform Act where  a husband had been ordered to purchase life insurance to cover his obligations for support. The husband remarried, and changed the beneficiaries of the account to include the second wife and children and of the second marriage. After his death, Wife 1 and Wife 2 claimed entitlement to the insurance proceeds.

Decision: Dagg v. Cameron Estate 2017 ONCA 366

Commentary: From The Lawyer’s Daily: Appeal Decision Shines Light