Estate Litigation

What the Heck is the Deemed Undertaking Rule?

One of the best ways for a litigator to learn is to sit in open court watching other litigators suffer through embarrassing court room experiences.  In one of my early days appearing on the Estates List, I had one such experience, and the litigator’s lesson that day centred on the often-misunderstood deemed undertaking rule. On […]

Estate Litigation

An Unwelcome Guest – Guardian of Property Obtains a Writ of Possession

In 1998, Ms. Tollis was declared incapable of managing her property.  In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property.  Ms. Tollis held an interest in a house along with her brother, Mr. Tollis.  The interest in the house was Ms. Tollis’ primary financial asset. Shortly before

Capacity Litigation, Estate Litigation, Forms of Relief, Guardianship Applications, Other Claims & Remedies Against Estates
Scroll to Top