Other Claims & Remedies Against Estates

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

The Sherman murders remain famously unresolved and still generate headlines and notoriety. But, for better or worse, life moves on and Barry’s and Honey’s respective estates (collectively the “Sherman Estates”), however mundane, need to be probated and administered. In that regard, the Court of Appeal for Ontario (“OCA”) recently released a decision on an appeal […]

Estate Administration, Estate Litigation, Forms of Relief, In The News, Other Claims & Remedies Against Estates

Milne Estate (Re)visited

The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’

Court Applications to Interpret a Will or Trust, Estate Administration, Estate Planning, Other Claims & Remedies Against Estates, Probate, Trusts

The 6ix or the 226? That is the Question

Where does one commence a legal proceeding? When can one transfer a proceeding to one’s own hometown? These are simple enough questions, but with answers that may surprise you. The recent Ontario Superior Court of Justice decision of Estate of Byung Sun Im, deceased, 2018 ONSC 2223, set out the answers clearly. Background Byung Sun

Court Applications to Remove an Executor / Estate Trustee, Court Procedure, Estate Litigation, Other Claims & Remedies Against Estates

A Failure to Compensate: What is a Quantum Meruit Claim and How Can It Be Proven in Court?

A claim in quantum meruit is sometimes made in the estates litigation context by a disappointed beneficiary. The words quantum meruit literally mean “as much as deserved.” The claimant argues that he or she deserved compensation from the deceased for work that was done but was not properly compensated for under the deceased’s will. In

Estate Litigation, Forms of Relief, Other Claims & Remedies Against Estates
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