Estate Litigation

A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?

Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred […]

Court Procedure, Estate Litigation, In The News, Trusts

How Much Compensation Is An Estate Executor Entitled To?

After being appointed as estate trustee or executor of an estate, it can be unclear how much compensation can be claimed for administering the estate. In addition, beneficiaries often object to the amount claimed. How is executor compensation determined? In some cases, the will itself outlines the amount of compensation that may be claimed or

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Litigation, Executor Compensation

Who makes decisions for me if I become incapable and have not made plans?

Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it.  The pandemic has accelerated discussions about intubation, CPR and end of life care.  Additionally, many people, especially those

Capacity, Guardianship Applications, Power of Attorney

Am I a Dependant? Can I Receive Support From the Estate?

Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to

Court Procedure, Dependant’s Relief Claims, Estate Litigation, Forms of Relief, Limitation Period
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