Sentences with phrase «testamentary gifts»

Keywords: Wills and Estates, Inter Vivos Transfers, Undue Influence, Burden of Proof, Presumption of Undue Influence, Banton v. Banton (1998), 164 D.L.R. (4th) 176, Testamentary Gifts,, Vout v. Hay, [1995] 2 S.C.R. 876, Neuberger v. York, 2016 ONCA 191, Costs, Whether Payable by Estate

In upholding the trial judge's decision, the appellate court found that «the appellant mischaracterizes the test for undue influence in the context of testamentary gifts,» meaning gifts made in a will rather than during a lifetime.

In fact, the amended rules make an exception only for family members who give lawyers testamentary gifts.

Apart from the house, Kay had only about $ 3,200 — not nearly sufficient funds to pay the approximately $ 195,000 in testamentary gifts set out in her will.

The principles on which he relied were as follows: (i) The court will do its best to uphold a testamentary gift within the limitations of the law, Re Smith [1932] Ch 153.

She alleged the lawyer merely asked her to sign a paper that she thought was a testamentary gift.

Not exact matches

Proper identification in your testamentary document will ensure that your gift will be distributed to the OCSPCA to help animals in need in Orange County, California.

Partial and promised gift of Linda Lichtenberg Kaplan, 2001 Art © T.H. Benton and R.P. Benton Testamentary Trusts / UMB Bank Trustee / Licensed by VAGA, New York, NY

«There is no evidence that he exerted pressure on his client or that the proposed gift to himself was anything other than her true testamentary wishes,» the disciplinary hearing ruling said.

The two tests that apply to establishing undue influence, he says, are those of the «equitable» doctrine that applies to inter vivos transactions or those made during a person's lifetime and the probate doctrine that applies to testamentary bequests, meaning gifts made in wills.

d, «testamentary substitutes... which include gifts causa mortis or within one year of death, Totten trusts, joint accounts, revocable transfers, or transfers with a retained income interest, many retirement accounts and property owned by a decedent and payable on his death to someone other than the surviving spouse for his estate.»

Prenuptial agreements are vital elements of a well - conceived estate plan that may also include a testamentary will, powers of attorney, business operating agreements, and trust agreements to reduce or avoid federal estate and gift taxes.