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Yearly Archives: 2025
6 ResultsAssigning an Estate into Bankruptcy
Sometimes, an estate’s debts and liabilities are greater than its assets. When that occurs, an estate trustee should consider assigning the estate into bankruptcy. This is for the protection of the estate trustee, as he or she may otherwise become personally liable for the estate’s unpaid debts and liabilities. If an estate is successfully assigned…read more
The Minimum Evidentiary Threshold to Challenge a Will Is Alive and Well in Ontario
In the recent decision in Giann v. Giannopoulos, 2024 ONCA 928 (CanLII), the Court of Appeal for Ontario upheld the lower court’s decision dismissing a Will challenge application as the evidence failed to meet a standard called the “minimum evidentiary threshold”. This means that in order to be able to move forward with a Will…read more
Discretionary Trusts
The validity and interpretation of wills often lie at the heart of estate litigation cases. However, disputes often centre upon other testamentary documents such as discretionary trusts. The purposes of this blog is to provide a brief overview of the characteristics of a discretionary trust. In a discretionary trust, the trust property is vested in…read more
When will the Court Remove and Replace an Attorney for Property?
When executing a power of attorney for property, a person is free to choose whoever they want to act as their attorney for property when the time comes. However, it can sometimes be the case where a person’s named attorney for property, even their own family, take advantage of their position of power, and begin…read more
Accounting as Attorney for Property or Trustee de son tort
The court can grant leave to compel an attorney for property to pass their accounts under s. 42 of the Substitute Decisions Act, 1992, SO 1992, c. 30 (“SDA”). Whether or not the court will grant leave to compel a passing of accounts will be determined by considering the test set out in Lewis v….read more
Contempt and Custodial Sentences
I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these…read more