Assignment On Caritian Law

Submitted By pinklovr
Words: 320
Pages: 2

CANADIAN LAW: FINAL INDIVIDUAL ASSIGNMENT 1. Interpretation problems happen when there is a Will. An example of this is when the testator does not specify in detail who exactly he is leaving the estate for. The testator left is estate to his niece Mary but he had two nieces named Mary, which caused confusion. The solution to this is that you have to make an application to the court under Rule 14.05(3)(a) and in the application asking how the estate should be divided. A trustee should make the application and the costs of all parties will be ordered by the court to be paid to all parties of the estate on a solicitor and client. 2. Six situations in which a removal of an executor is once proved are: a. Fraud by the fiduciary
b. Incapacity of the fiduciary
c. Improper investments
d. Tardiness in the administration of the estate
e. Breaches of good faith or trust by the fiduciary
f. Inadequacy of the investment policy of the fiduciary An application under Rule 14.05(3)(c) should be applied for to determine to remove an executor. An executor can remove themselves for retirement and illness. 3. a) Having a will does not matter when making claims against the estate.
b) An example of a claim against an estate is the quantum meruit. This claim is for work and services that are being performed by the person who receives the benefits of the decease.
c) In a claim a person must prove that the work and services that are