Overview Estate litigation is a long, slow and expensive endeavour. Will challenges, support claims or objections to the appointment of a trustee often drag on for years, and can swallow much of the value of the estate at issue. One way to avoid the cost and delay is through a mediated settlement agreement. The purpose…
In the legal world, “testamentary intentions” refer to a person’s wishes for the administration of their estate and distribution of their assets after death. The last will and testament (often referred to simply as a “will”) is the document which sets out the testator’s (i.e. the person who signed the will) testamentary wishes. Problems arise…
The fiduciary relationship should not be entered into lightly. Examples of fiduciaries in estates and trusts law are estate trustees, attorneys, and guardians. The fiduciary owes legal duties to the beneficiary, for example an estate trustee must account for her management of estate assets. Failure to do so can lead to trouble for the estate…
The basic rule of evidence is that all relevant evidence is admissible. However, there are exceptions to this basic rule. One of the main exceptions is the rule against hearsay. But what exactly is hearsay? Today’s blog post will be a very basic overview of a complicated, tricky legal concept. What is hearsay? In R….
July 25, 2023 In the world of estate litigation, an issue that frequently arises is the capacity of an elderly individual to create a will or execute a power of attorney. As is widely known, there are different levels of capacity required for an individual to carry out different tasks; the highest level of capacity…
An estate trustee has an ongoing duty to keep track of funds coming into and flowing out of an estate, and to keep beneficiaries reasonably apprised. Unfortunately, in estate litigation, we are often confronted with cases wherein estate trustees fail to advise the beneficiaries of the financial activity in an estate. As such, it is…
There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the litigation are capable adults, there is no barrier to reaching (and implementing) a settlement: once the settlement agreement is…
An Estate Trustee During Litigation (“ETDL”) is an individual appointed by the Court to administer an estate (other than distributing the residue of the estate) while the estate is in litigation. The Court has authority to appoint an ETDL under s. 28 of the Estates Act or rule 75.06(3)(f) of the Rules of Civil Procedure….
In an effort to encourage Ontarians to think ahead and create Power of Attorneys, the Office of the Public Guardian and Trustee (OPGT) recently launched a video series all about Power of Attorney documents and their use. This new video series aims to increase awareness about Powers of Attorney, including the basics of what they…
Launching a lawsuit and deciding to proceed with litigation is a big decision which requires thought and attention. One of the first matters to consider is who is going to be named as a respondent or defendant to a proceeding. In estates litigation, generally, any individual or entity with a financial interest in an estate…