The importance of service of court documents should not be overlooked, as improper service may result in a party being noted in default, which invariably leads to adverse consequences for a litigant. While service by e-mail has simplified and made the service of documents easier and more convenient in many respects, an originating process, for […]
In October 2023, my colleague Karen Watters wrote about the addition of section 21.1(1) to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 21.1(1) provides the Court with the power to validate a will or a document as valid and fully effective even if it does not comply with the regular
A recent Nova Scotia case, the Horley Estate, highlights the importance of insuring that the proper legal name for a charity is included in a will. Often, that is more difficult than it first appears as the names of charities and institutions can change over the years. The Public Trustee, who was administering the Deceased’s estate,
In matters and disputes involving estates, there are rules in the Rules of Civil Procedure which refer to persons who appear to have a “financial interest” in an estate. The description of a “financial interest” in an estate limits who may take certain steps in an estate dispute. One example is persons who may apply
There are two procedural avenues when seeking to be appointed or removed as guardian of the person or guardian of property for an allegedly incapable person: the standard procedure which requires a court hearing, and the summary disposition procedure, which is done in writing. The summary disposition procedure is set out under section 77 of
