As regular readers of this column undoubtedly know there is a seminar set for June 5, 2012. For this column, I want to focus on one aspect of the seminar, organized by B’nai Brith Canada’s Estates and Trusts, Lawyers Division, that deals with the moral obligation of parents in their testamentary planning to include children as beneficiaries.Read More
In contract law, a person may sue for damages when he/she does not receive payment in exchange for services provided. If there is no contract, the court may resort to equitable remedies to compensate for an unjust enrichment. In estate litigation, in the absence of a contract, the courts sometimes impose a constructive trust on real or personal property of the estate for failure to provide for that person in the Will. The purpose is to prevent the estate from taking advantage and being unjustly enriched. Alternatively, the courts attempts to prevent the unjust enrichment of the estate by putting the claimant back in the position he would have been had he not provided the services by making the estate pay the claimant the value of those services.