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Posts Categorized: Other Claims & Remedies Against Estates
36 ResultsWhat Do You Mean? Testamentary Intention and the Interpretation of Wills
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
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
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?
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?
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
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?
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
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
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
What is a “Common Law Spouse”?
In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more