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
Posts Categorized: Estate Litigation
187 ResultsGuardianship Applications in Writing
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…read more
What is an Estate Trustee During Litigation and When Should One Be Appointed?
There are many reasons why an estate may be involved in litigation. The dispute may involve a Will challenge, in which the beneficiaries litigate the validity of a testator’s last Will. The testator’s Will may contain ambiguities and the beneficiaries disagree as to its proper interpretation. The deceased may have left a handwritten note containing…read more
Solicitor-Client Privilege and Beyond
Solicitor-client privilege is a principle entrenched in our legal system. It goes without saying that counsel and client must be able to communicate openly and honestly. But what happens when a client dies? What becomes of the solicitor-client privilege or more specifically, the files of the deceased individual? This issue was raised in the recent…read more
Assigning an Estate into Bankruptcy
Sometimes, an estate’s debts and liabilities are greater than its assets. When that occurs, an estate trustee should consider assigning the estate into bankruptcy. This is for the protection of the estate trustee, as he or she may otherwise become personally liable for the estate’s unpaid debts and liabilities. If an estate is successfully assigned…read more
The Standard of Review
When a decision does not go your way, it can be tempting to march straight to the Ontario Court of Appeal to…well, appeal the decision. However, the Ontario Court of Appeal is not an easy second kick at the can. The court will only review a decision if there is a question of fact, law,…read more
Tolling Agreements
Limitation periods should always be on the mind of a litigator. Getting caught on the wrong side of a limitation can derail a lawsuit or court application: no matter how strong your case is, if you are out of time, it won’t even get off the ground. Often the first thing a lawyer will do…read more
Renounce, Remove, or Pass Over – What’s the Difference?
Not everyone is well suited or willing to act as an estate trustee – the job can be onerous and family dynamics can make it especially challenging. As a result, the person named as an estate trustee in a will, or who has the first right to act as estate trustee under the Estates Act,…read more
Replacing an Estate Trustee
Overview In some cases, an estate trustee (“ET”) has been appointed, but needs to be replaced before the estate administration is complete. This can occur for a variety of reasons: the ET becomes unable or unwilling to continue acting for the estate, the ET is removed by the Court in the course of litigation, or…read more
Can Estate Trustees Keep a Holdbacks for Legal Fees?
Right to Indemnification of Legal Fees Section 23.1 of the Trustee Act, RSO 1990, c T.23 confirms that estate trustees are entitled to be indemnified for the legitimate costs of carrying out their duties. In other words, estate trustees should not have bear the costs of the estate administration. This includes an estate trustee’s legal…read more
The Scope of Cross-Examination on an Interlocutory Motion
A deponent or affiant may be cross-examined on their affidavit sworn in support of or in response to a motion. If a question on cross-examination is not answered, then it will be deemed a refusal. The examining party may bring a refusals motion to compel answers to the refused questions should they be maintained. Sometimes…read more