Legal Papers
Papers Topic: Estate Litigation
37 PapersThe Will to Challenge and the Power to Succeed
Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity. Laying the groundwork…read more
Dead Ringers and Down Payments: Summary Judgment in Estate Litigation
Motions for summary judgment are powerful tools in the arsenal of any litigator. However, until relatively recently such motions were generally regarded as beyond the reach of, or not available to, the estate litigator. That reality has changed and there are now “new facts on the ground”. This paper will address summary judgment motions. After…read more
A Smorgasbord of Issues between an Estate Trustee and His/Her Solicitor
The recent case of Rooney Estate v. Stewart Estate serves to highlight the “distinct” but complimentary” roles of the estate trustee and the estate solicitor. The case makes for interesting reading and addresses a smorgasbord of issues that are all too common. A Smorgasbord of Issues between an Estate Trustee and His Solicitor by Justin…read more
FLA Spousal Elections & the Impact of Iasenza v. Iasenza Estate
As is widely known, the Family Law Act[1] (“FLA”) allows a surviving spouse to elect to either receive benefit under the deceased’s will (or on an intestacy if there is no will), or receive an equalization of net family property under the FLA. Normally, the surviving spouse seeks information regarding each of the options and…read more
Dependant Support: Claim by the Spouse, Common-Law Spouse, Same-Sex Partner or Ex-Spouse
Introduction Part V of the Succession Law Reform Act [1] permits the dependant of a deceased person to apply to the court for an order of support where a deceased person has failed to make adequate provision for the proper support of the dependant. Who May Apply Dependants include the following persons: (1) the…read more
Trustee Liability: When Will A Trustee Be Excused
When errors by a trustee cause losses to a trust, the question arises as to who should be forced to bear the weight of those losses: the beneficiaries or the trustees? On the one hand, it seems unfair that a beneficiary should lose because of the mistakes of someone who is in charge of administering…read more
Rose v. Rose – A Family Tragedy
Rose v. Rose is a recent Ontario case that deals with marriage breakdown, disillusioned children, and the finality of an irrevocable trust. Brian and Janice were married and had two daughters. In 1992, Brian and Janice transferred a ski chalet and cottage into trust for the benefit of their daughters. Brian was the trustee for…read more