Categories
- Capacity
- Costs
- Court Procedure
- Estate Administration
- Estate Litigation
- Capacity Litigation
- Contested Passing of Accounts
- Court Applications to Interpret a Will or Trust
- Court Applications to Remove an Executor / Estate Trustee
- Court Applications to Vary a Trust
- Dependant’s Relief Claims
- Estate Trustee During Litigation
- Guardianship Applications
- Other Claims & Remedies Against Estates
- Solicitor’s Negligence
- Spousal Elections
- Will Challenges
- Estate Mediation
- Estate Planning
- Family Cottage
- Forms of Relief
- In The News
- Joint Assets
- Legal Resources
- Limitation Period
- Mediation
- Power of Attorney
- Trusts
- Uncategorized
- Valuation of Estate Assets
My Sister Died Without a Will – What Happens Now?
A will allows an individual to decide in advance who will administer her estate and who will receive her assets when she dies. Testamentary freedom is guaranteed to all Canadians, meaning we are free to choose who will benefit from our estates: family members, friends, pets, charities, or our favourite sports team. (Note that most…read more
The Risks of Being an Estate Trustee
A recent news story highlighted one estate trustee’s regretful experience administering an estate. Due to lengthy litigation involving the validity of the Will and an unsuccessful result for the estate trustees, the estate trustee was ordered to personally pay over $100,000.00 in legal fees. While the personal cost order was a result of a unique…read more
Ten Things an Attorney for Property Should Know Before Acting
Acting as the attorney for property of an incapable person comes with important responsibilities that should not be taken lightly or underestimated. However, a person who takes on the role may be unaware of their obligations under the Substitute Decisions Act, S.O. 1992, c.30, the legislation in Ontario that governs powers of attorney. In particular:…read more
Mediation vs. Arbitration – What’s the Difference?
I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It…read more
A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?
Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred…read more
How Much Compensation Is An Estate Executor Entitled To?
After being appointed as estate trustee or executor of an estate, it can be unclear how much compensation can be claimed for administering the estate. In addition, beneficiaries often object to the amount claimed. How is executor compensation determined? In some cases, the will itself outlines the amount of compensation that may be claimed or…read more
Paying Funds Into and Out of Court
During the course of litigation, you may run into a situation where money is “paid into court.” Paying money into court is a way of protecting funds while the litigation is ongoing or until a minor reaches the age of majority. For example, where there is a dispute about who is entitled to insurance proceeds,…read more
Who makes decisions for me if I become incapable and have not made plans?
Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it. The pandemic has accelerated discussions about intubation, CPR and end of life care. Additionally, many people, especially those…read more
Am I a Dependant? Can I Receive Support From the Estate?
Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to…read more
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…read more