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Posts By: Karen Watters
8 ResultsBlended Costs Awards in Estate Litigation
Costs follow the event. This can be translated as the “loser pays” principle which has applied in estate litigation for many years now (since at least the seminal decision in Salter v. Salter Estate, 2009 CanLII 28403 (ON SC), decided by Justice D.M. Brown, as he then was). But in estate litigation there is often…read more
Lost or Destroyed Wills
Sometimes original last wills and testaments can become lost or destroyed. But the original is required for an application for a certificate of appointment of estate trustee, or is otherwise needed to establish the authority of the estate trustee(s) or gifts in the will. Rule 75.02 of the Rules of Civil Procedure, RRO 1990, Reg…read more
What is a Guardian?
Attorneys for property and attorneys for personal care are, for the most part, generally understood in our society. That may be because the attorney for property or attorney for personal care is the role that one can grant (the “grantor”) to another through the execution of powers of attorney. The discussion about powers of attorney…read more
Undue Influence in Inter Vivos Transfers
Many have heard of undue influence but it is often in the context of a will challenge. That is to say, an argument is made that a testator’s last will and testament is not valid because someone influenced the testator. The influence must be such that the testator was no longer acting with free will:…read more
Opting Out: Submitting Rights to the Court
Sometimes an individual who has an interest in an estate (i.e. a beneficiary), does not want or need to participate actively in the litigation. The application or action may name the individual as a respondent or defendant but not seek any relief against her. The individual may be named as a party in the litigation…read more
When Death Interrupts a Court Case
No one wants to think that a party to litigation could pass away before the litigation settles or is resolved by the court. But, unfortunately, it does happen. The death of one of the parties in the litigation has an immediate impact on the proceeding. Rule 11.01 of the Rules of Civil Procedure provides, in…read more
How Can a Beneficiary Get Information About an Estate?
Sometimes a beneficiary can feel powerless during the process of an estate administration. A beneficiary may not know anything beyond that he or she is a beneficiary. Sometimes even confirmation of a gift is difficult to obtain. The relationship between an estate trustee and a beneficiary does not have to be a challenging one. The…read more
What Does it Mean to Have Capacity?
Legal capacity can be a difficult concept to understand. For those who are concerned about a loved one’s ability to care for herself or to make financial decisions, the answer to the question of whether their loved one has capacity may seem obvious. Forgetfulness, confusion, and even mild dementia are often viewed as indicative of…read more