Diane Vieira

Congratulations – It’s A Girl!

A  new study reported on this week found that daughters are significantly more helpful than sons when it comes to taking care of their elderly parents. Referencing data found from surveying 26,000 Americans, it seems that daughters spend on average 12.3 hours a month looking after an elderly parent versus sons who spend on average 5.6 hours […]

Estate Planning, Power of Attorney

Trust Created in Holograph Will Fails

A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will.  The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy.  The case serves as a good reminder that

Trusts

An Unwelcome Guest – Guardian of Property Obtains a Writ of Possession

In 1998, Ms. Tollis was declared incapable of managing her property.  In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property.  Ms. Tollis held an interest in a house along with her brother, Mr. Tollis.  The interest in the house was Ms. Tollis’ primary financial asset. Shortly before

Capacity Litigation, Estate Litigation, Forms of Relief, Guardianship Applications, Other Claims & Remedies Against Estates

B.C Estate Trustee Ordered to Pay Back Estate Funds

Estate Trustees are often under pressure to distribute estate funds to beneficiaries as soon as possible.  Beneficiaries may express frustration about having to wait for an estate trustee to receive a tax clearance certificate or respond to other administrative issues, such as collecting assets.  When probate has not been granted to an estate trustee because

Estate Litigation
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