Can Estate Trustees Keep a Holdbacks for Legal Fees?

by: , March 12, 2024

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

What Do You Mean? Testamentary Intention and the Interpretation of Wills

by: , August 30, 2023

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…read more

Court Approval of a Settlement – A Refresher

by: , July 11, 2023

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…read more

Cautions and Certificates of Pending Litigation

by: , August 22, 2022

All too often the question of ownership over a piece of real estate is part of the larger puzzle of an estate dispute. If a party is asserting a claim of ownership over piece of real estate where they are not the registered owner, registering a caution on title or a certificate of pending litigation…read more

What is a Fiduciary?

by: , June 21, 2021

The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…read more

Can I Charge My Brother Rent For Living in Dad’s Home?

by: , April 26, 2021

In many estates, the family home is the most valuable asset. It can also be the most costly to maintain – mortgage payments, utilities, property taxes, and insurance all have to be kept current until the house is sold. Unfortunately, selling the deceased’s house is a lot more complicated when there is someone living in…read more

Fraud’s Cost Consequences

by: , January 18, 2021

At the end of litigation, the unsuccessful party is usually ordered to pay part of the legal fees of the winning party. The ever-present threat of having to pay costs to the winning party can act as a powerful disincentive for making groundless or unsubstantiated claims. The risk of being on the wrong end of…read more

What Happens to My Pet When I Die?

by: , December 14, 2020

For many, the greatest loves of their lives are their furry (or scaly) friends. As a result, there is often a strong desire to make sure they are properly cared for after the testator’s death. How to accomplish this is not always straightforward. In Ontario, animals are considered personal property. This means that you can…read more

Dealing with Squatters in the Family Home

by: , December 9, 2020

This blog was written by Tyler Lin, Student-At-Law As all litigators know, there are two sides to every story. In the world of estate litigation, it is not uncommon for one side to view themselves as an invited guest entitled to remain in the family home while the other side views them as a squatter….read more

The Father of My Children: Court-Ordered Paternity Testing

by: , November 2, 2020

This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more