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<title>blawg - Toronto Estate Law Blog</title>
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<copyright>Copyright 2008</copyright>
<lastBuildDate>Thu, 05 Apr 2007 00:15:58 -0500</lastBuildDate>
<pubDate>Fri, 04 Jul 2008 11:04:44 -0500</pubDate>
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<title>Defrauding an Estate</title>
<description><![CDATA[<p>This blog completes my week-long rogue&rsquo;s gallery of criminal convictions in estate matters. So far I&rsquo;ve talked about the Criminal Code in general plus specific cases involving breach of trust and theft. </p>
<p>On to fraud. </p>
<p>In <a href="http://www.canlii.com/eliisa/highlight.do?language=en&amp;searchTitle=Search+all+CanLII+databases&amp;path=/en/nl/nlpc/doc/1998/1998canlii12453/1998canlii12453.html"><strong>R. v. Moore (1998 Carswell Nfld 276),</strong></a> an accused along with a deceased&rsquo;s four siblings signed and filed with the court false documents stating that the whereabouts of the deceased&rsquo;s four children were unknown, that the deceased left no will, and that the accused knew of no one else with an interest in the estate. This is chronicled at length in a set of reasons dealing with the deceased&rsquo;s remarkable and inspiring life. The accused, though equally remarkable, was hardly inspiring. The criminal charges marked the culmination of her complex scheme of lies and deceit. </p>
<p>The accused claimed she doubted whether her brother was born to the deceased, and said her doubts in this regard justified her behaviour. The Court found that the accused was &ldquo;resourceful, and articulate&rdquo;, but used her talents by &ldquo;persist[ing] in [a] despicable charade&rdquo; to defraud her brother, nieces and nephews. </p>
<p>For all her trouble, the accused received $10,000, plus a conviction for fraud. It is often bizarre the extent someone will go for what seems, objectively, to be a small amount of money. </p>
<p>An interesting aspect of the case is that the deceased in question, mother of the accused/convicted, was by all indications a font of kindness and compassion, taking several children under her wing during her lifetime. The reasons dwell at length on what a fine person the deceased was, implying quite clearly that the accused failed to measure up to her mother&rsquo;s legacy. </p>
<p>We will not be posting a blog on Good Friday, April 6, 2007. </p>
<p>Thanks for reading. </p><p>Sean Graham</p><p><br /></p>]]></description>
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<category>Archived BLOG POSTS - Hull on Estates</category><category>Estate Litigation</category><category>Fraud</category><category>Wills</category><category>blawg</category><category>deceit</category><category>law blog</category>
<pubDate>Thu, 05 Apr 2007 00:15:58 -0500</pubDate>
<author>nonley@hullandhull.com (Hull &amp; Hull LLP)</author>

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