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Posts By: Elaine Yu
6 ResultsAmendment of Pleadings
At the outset, there can be a lot of mystery surrounding estate litigation. Every person involved likely has a different story, and will reveal previously unknown information as matters progress and affidavits are exchanged. As new facts emerge over the course of litigation, a party may discover new claims arising from the same series of…read more
The Consent and Capacity Board
Capacity is often a key component of estate litigation, especially in the context of guardianship and attorneyship disputes. These fights are, for the most part, heard before the Superior Court of Justice. And yet, there is an administrative board with ‘capacity’ built into the name – the Consent and Capacity Board (“CCB”). What is the…read more
Compelling a Guardian or Attorney to Account
Attorneys of property must keep detailed records of their management of the grantor of the power of attorney’s (the “grantor”) affairs. The reason for this is so they may pass their accounts when needed. While some attorneys may periodically pass their accounts without prompting, others may not. This can be frustrating for others who care…read more
Searching for a will, and what to do if a will is lost or destroyed
Searching for a Will It can be difficult to know where to start when searching for a will. First and foremost, remember that a will does not necessarily have to be prepared by a lawyer. If you think the deceased may have prepared a holograph will, you will want to make sure you don’t automatically…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
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