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“Separated” Spouses and Intestacy
The law is constantly evolving and being refined. Most recently, a provision was added to Part II of the Succession Law Reform Act (the “SLRA”), which deals with how an estate is to be distributed when there is no will. In particular, on January 1, 2022, section 43.1 was amended to add that there is…read more
Holographic Wills and Incorporation by Reference
In Re Lacroix Estate, 2021 ONSC 2919, the Ontario Superior Court of Justice considered whether a testator’s handwritten note could incorporate by reference the testator’s unsigned but initialed typewritten Will. Facts On May 19, 2020, during the height of the COVID-19 lockdown, Rebecca Stephanie Lacroix contacted a solicitor, Margaret Opatovsky. Ms. Lacroix advised that she…read more
Can Pets Inherit Million Dollar Trusts?
Recently, a German shepherd named Gunther VI made headlines worldwide by purportedly selling a $31.7 million dollar Miami mansion which used to belong to Madonna. As the story goes, Gunther VI’s great-grandfather, Gunther III, was gifted a multi-million-dollar trust from late owner German countess Karlotta Liebenstein when she passed in 1992. The fund was well…read more
Estate Trustee Compensation
An estate trustee is entitled to compensation for work performed in that capacity on behalf of an estate. Subject to any fee or compensation agreement, the general rule in Ontario is that an estate trustee is entitled to compensation in the amounts of 2.5% of all capital receipts and disbursements, and 2.5% of all revenue…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
The Role of the OCL
de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of 18 in cases in Ontario. Minors’ interests are often at play in estate and trusts matters. For example, a minor may…read more
Can Secret Recordings be Effective Evidence in Litigation?
In estate litigation, the practice of making secret or surreptitious recordings is not uncommon. It’s not unusual for tape recorders to be hidden around the home, or for phone calls to be recorded without the consent or knowledge of the other party. This begs three questions: (1) What do judges actually think of this practice?…read more
Notice of Objection to Accounts
A passing of accounts refers to the process whereby the court approves of the estate trustee’s accounts. The accounts provide, among other things, details relating to the estate’s capital and revenue receipts and disbursements. While an estate trustee can voluntarily bring an application to pass accounts or be compelled to do so by the court,…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
Do You Have a Receipt for That?
Estate trustees are accountable to the beneficiaries of an estate for the steps they have taken in their administration. Estate trustees should keep a complete record of their activities and always be in a position to prove that they acted prudently and honestly, with accounts ready upon request by a beneficiary. But what happens when…read more