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Posts Categorized: Estate Litigation
179 ResultsExaminations and Experts Don’t Mix
Today’s blog was written by Chris Cook, student-at-law at de VRIES LITIGATION LLP. Examinations for discovery are a key step in the civil litigation process. By allowing parties to ask questions of the opposing party and witnesses before trial, the parties are able to gain a better understanding of relevant facts and documents. After examinations…read more
What is a Guardian?
Attorneys for property and attorneys for personal care are, for the most part, generally understood in our society. That may be because the attorney for property or attorney for personal care is the role that one can grant (the “grantor”) to another through the execution of powers of attorney. The discussion about powers of attorney…read more
What is the Role of Section 3 Counsel?
If an individual whose capacity is in issue in proceedings under the Substitute Decisions Act (“SDA”) does not have counsel, the court may direct the Public Guardian and Trustee (“PGT”) to arrange legal representation for that person. Pursuant to section 3 of the SDA, the alleged incapable person is deemed to have capacity to retain…read more
The Terrifying “In Terrorem” Clause
OoooooooooOOO! It is the scariest clause around; more frightening to beneficiaries than a killer Santa “clause”. Also called a no-contest clause, an in terrorem clause translates literally to “in fear” in Latin. In the estate planning context, it is a clause which forces or prohibits beneficiaries from doing something, using the fear of a loss…read more
When Siblings Fight – Removing a co-attorney
Anybody with a sibling can tell you. Nobody gets under your skin quite like a brother or a sister can. When it comes to care in their old age, many parents will name multiple children as their attorneys for property or personal care. The sentiment is understandable. Parents may not want certain children to feel…read more
Cost Awards: An Example
In Canada, at the end of a court proceeding, a judge will often order one party (usually the loser) to pay a portion of the other party’s costs. Costs are awarded at the judge’s discretion. As set out in s. 131 of the Courts of Justice Act, RSO 1990, c C.43: “… the costs of…read more
Undue Influence in Inter Vivos Transfers
Many have heard of undue influence but it is often in the context of a will challenge. That is to say, an argument is made that a testator’s last will and testament is not valid because someone influenced the testator. The influence must be such that the testator was no longer acting with free will:…read more
Cautions and Certificates of Pending Litigation
All too often the question of ownership over a piece of real estate is part of the larger puzzle of an estate dispute. If a party is asserting a claim of ownership over piece of real estate where they are not the registered owner, registering a caution on title or a certificate of pending litigation…read more
The Major-Minor
In a previous blog (found here), I commented on the role of the Office of the Children’s Lawyer (the “OCL”) in representing the interests of a child under the age of 18, in cases in Ontario involving estates and trusts. There are various nuances to the OCL’s role in such matters. While settlements impacting minors…read more
What are the Steps in an Uncontested Guardianship Application?
When an elderly parent loses the ability to make financial or care decisions on his own, families often rally together. The adult children may find they are able to execute financial and care decisions for their parent on an informal basis, and this informal management will continue until a bank or medical facility refuses to…read more