Justin de Vries

The Costs of Litigation and the Loser Pays Principle

When new clients embarks on litigation (to challenge a will or to remove an executor, for example), one of the first questions I am asked is whether they can recover their legal fees or costs from the estate or trust (as we all know, litigation can be expensive). The expectation is that the estate or […]

Costs, Court Applications to Interpret a Will or Trust, Court Applications to Remove an Executor / Estate Trustee, Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Mediation, Other Claims & Remedies Against Estates, Will Challenges

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

The Sherman murders remain famously unresolved and still generate headlines and notoriety. But, for better or worse, life moves on and Barry’s and Honey’s respective estates (collectively the “Sherman Estates”), however mundane, need to be probated and administered. In that regard, the Court of Appeal for Ontario (“OCA”) recently released a decision on an appeal

Estate Administration, Estate Litigation, Forms of Relief, In The News, Other Claims & Remedies Against Estates

To Remove or Not to Remove … That is the Question

Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from

Advice to Executors and Trustees, Court Applications to Remove an Executor / Estate Trustee, Estate Administration, Estate Litigation, Passing of Accounts
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