Categories
- Appeals
- Canada's Anti-Spam Legislation
- Capacity
- Costs
- Court Procedure
- Estate Administration
- Estate Litigation
- Capacity Litigation
- Contested Passing of Accounts
- Court Applications to Interpret a Will or Trust
- Court Applications to Remove an Executor / Estate Trustee
- Court Applications to Vary a Trust
- Dependant’s Relief Claims
- Estate Trustee During Litigation
- Guardianship Applications
- Other Claims & Remedies Against Estates
- Solicitor’s Negligence
- Spousal Elections
- Will Challenges
- Estate Mediation
- Estate Planning
- Family Cottage
- Forms of Relief
- In The News
- Joint Assets
- Legal Resources
- Limitation Period
- Mediation
- Power of Attorney
- Trusts
- Uncategorized
- Valuation of Estate Assets
What Do You Mean? Testamentary Intention and the Interpretation of Wills
In the legal world, “testamentary intentions” refer to a person’s wishes for the administration of their estate and distribution of their assets after death. The last will and testament (often referred to simply as a “will”) is the document which sets out the testator’s (i.e. the person who signed the will) testamentary wishes. Problems arise…read more
Punitive Damages Against Estate Trustees Can Happen
The fiduciary relationship should not be entered into lightly. Examples of fiduciaries in estates and trusts law are estate trustees, attorneys, and guardians. The fiduciary owes legal duties to the beneficiary, for example an estate trustee must account for her management of estate assets. Failure to do so can lead to trouble for the estate…read more
He said, she said, hearsay
The basic rule of evidence is that all relevant evidence is admissible. However, there are exceptions to this basic rule. One of the main exceptions is the rule against hearsay. But what exactly is hearsay? Today’s blog post will be a very basic overview of a complicated, tricky legal concept. What is hearsay? In R….read more
(In)Capacity to instruct counsel
July 25, 2023 In the world of estate litigation, an issue that frequently arises is the capacity of an elderly individual to create a will or execute a power of attorney. As is widely known, there are different levels of capacity required for an individual to carry out different tasks; the highest level of capacity…read more
Keeping Things Informal
An estate trustee has an ongoing duty to keep track of funds coming into and flowing out of an estate, and to keep beneficiaries reasonably apprised. Unfortunately, in estate litigation, we are often confronted with cases wherein estate trustees fail to advise the beneficiaries of the financial activity in an estate. As such, it is…read more
Court Approval of a Settlement – A Refresher
There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the litigation are capable adults, there is no barrier to reaching (and implementing) a settlement: once the settlement agreement is…read more
Who Gets Appointed as Estate Trustee During Litigation
An Estate Trustee During Litigation (“ETDL”) is an individual appointed by the Court to administer an estate (other than distributing the residue of the estate) while the estate is in litigation. The Court has authority to appoint an ETDL under s. 28 of the Estates Act or rule 75.06(3)(f) of the Rules of Civil Procedure….read more
Power of Attorney resources and more from the Office of the Public Guardian and Trustee
In an effort to encourage Ontarians to think ahead and create Power of Attorneys, the Office of the Public Guardian and Trustee (OPGT) recently launched a video series all about Power of Attorney documents and their use. This new video series aims to increase awareness about Powers of Attorney, including the basics of what they…read more
Who to Sue?
Launching a lawsuit and deciding to proceed with litigation is a big decision which requires thought and attention. One of the first matters to consider is who is going to be named as a respondent or defendant to a proceeding. In estates litigation, generally, any individual or entity with a financial interest in an estate…read more
How Do Judges Decide Who Is Lying?
In nearly every lawsuit, opposing parties put forward different versions of events. After listening to the conflicting evidence, the judge has to make a decision about what really happened. The judge’s determination often hinges on an assessment of the reliability and credibility of the witnesses. Deciding whether a witness is reliable and credible is not…read more