Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property. Often a testator will choose two or more of their children to act as co-estate trustees. They may feel that it would offend one of their children to not appoint them as an estate trustee or that
In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty. He also sought an order that the entire trust be paid out to him immediately. The estate trustee took the position that the gift over clause was
In a recent passing of accounts case, the court reduced the estate trustee’s compensation for the following reasons: – No compensation should be charged on investment losses listed as capital disbursements; – The costs connected to the sale of real property (real estate commission, property taxes, and legal fees) are not to be included when
In daBalinhard, the Saskatchewan Court found that a history of alcoholism, short term memory loss and unusual behavior was not enough to sustain a will challenge. After a forty-year marriage, the testator, John, and his wife, Shirley, separated on August 16, 2011. Two months after their separation, John executed a new will on October 20,
The background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals. The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the Pension Benefits Act, led to
