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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 […]

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Planning, Other Claims & Remedies Against Estates, Probate

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

Estate Administration

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

Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Legal Resources, Mediation

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

Court Procedure, Estate Litigation, In The News, Trusts
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