In the recent case of Kurt v. Kurt and Sullivan, 2023 ONSC 6599 (CanLII), (“Kurt”), the Court was asked to consider the interpretation of a will. The parties agreed on most of the salient facts, but disagreed with respect to the interpretation of one clause of the deceased’s secondary will. The Court reviewed the legal […]
As many people know, in addition to being expensive, litigation is often slow-moving and lengthy. In an estate with significant or contested issues, litigation can continue for several years. Even in estates without significant disputes, applying for a certificate of appointment and administering an estate can take many months. Further, once a certificate of appointment
We see a lot of guardianship disputes in the estate litigation world. Typically, a guardianship application arises when an individual lacks capacity to manage his or her property and/or personal care, and there is no power of attorney in place to make financial and/or personal care decisions on behalf of that incapable person. In such
Living in a multi-generational family home can make home ownership more affordable. The parent likely purchased the home at a time when homes were more affordable. As the parent(s) ages and retires, the adult children take on more of the responsibility for maintenance, upkeep, and expenses of the property. While pooling resources in this way
January 2022 brought significant changes to a governing statute in estates law: the Succession Law Reform Act[1]. One such change provides the Court with authority to declare a will valid and fully effective despite its non compliance with legislative requirements for formal execution.[2] The legislative requirements provide that a will is not valid unless: (a) it
