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Dealing with the Debts and Liabilities of an Estate and Abatement
It can often be the case that there are debts and liabilities attached to a deceased’s estate. This can include things such as taxes and debts in the form of loans, credit cards and funeral expenses, among others. One of the most important duties of an estate trustee is ensuring that all of the estate…read more
Seeking Court Approval of a Settlement in Writing
Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, subrule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has…read more
Principles of Will Interpretation
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…read more
Interim distributions
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…read more
The Guardianship Application
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…read more
Multi-Generational Family Homes and Unjust Enrichment
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…read more
Court-ordered Wills and s. 21.1(1) of the SLRA
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…read more
Wait a Minute! I Thought We Agreed to Settle!
Litigation is long, expensive, and stressful, and its outcome is never certain. This is why lawyers often encourage their clients to attempt to mediate their legal problems outside the court room. If a mediation is successful, the parties will enter into a settlement agreement which sets out the terms under which the parties agree to…read more
Lost connection: A brief overview of jurisdiction
In today’s global economy, it’s not unusual for an estate to hold property across several provinces or countries. Where litigation involving such an estate looms ahead, there is always the question of where to bring the claim, also known as jurisdiction. One thing to keep in mind is that each province is its own jurisdiction….read more
A brief primer on mediations
Overview Estate litigation is a long, slow and expensive endeavour. Will challenges, support claims or objections to the appointment of a trustee often drag on for years, and can swallow much of the value of the estate at issue. One way to avoid the cost and delay is through a mediated settlement agreement. The purpose…read more