Legal Papers – Page 4 – de VRIES LITIGATION

Update on Solicitors’ Negligence Issues

Angela Casey | January 23, 2014

There are unique challenges faced by estates and trust practitioners when taking estate planning instructions. Estate planning is something that most folks are reticent to do in the first place – for many, it languishes on a list of “should do’s” for some time before something – a pending divorce,…

A Practical Guide to Capacity Assessments

Angela Casey | January 20, 2014

When the central issue in litigation is whether a person is capable or not, a capacity assessment can be an invaluable tool to assist the Court in making that determination. However, such an order is (and should be) difficult to obtain. To adopt the words of Justice Pattillo in Flynn…

Unusual Will Clauses & Oddball Estate Cases

Justin de Vries and Gillian Fournie | November 11, 2013

As the estates bar knows all too well, a last will and testament can be the final chance for a person to communicate his or her thoughts, wishes and desires to the world. It is no surprise then that a will often reflects the idiosyncrasies of its author, whether in…

Order for Directions and Pleadings: Laying the Groundwork for Successful Will and POA Challenges

Justin de Vries | June 3, 2013

Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity…

Handwriting Experts and Trustee Indemnification

Justin de Vries | May 13, 2013

Fraud is not restricted to the living. Occasionally, a fraudulent testamentary document makes an appearance and the question of validity becomes paramount. In that context, the issue of whether to retain a “handwriting expert” is raised. Read the full paper here: Handwriting Experts and Trustee Indemnification by Justin de Vries

Trustee Indemnification – Recent Developments

Justin de Vries and Gillian Fournie | April 24, 2013

It is a fundamental principle that every trustee has the right to be indemnified out of the trust property for all expenses properly incurred in the administration of the trust. The trust instrument itself does not have to guarantee that the trustee will be indemnified; the trustee’s right to be…

The Herculean Task Of Proving Undue Influence

Justin de Vries and Gillian Fournie | November 14, 2012

Undue influence is a well-established and popular ground for challenging a will. However, proving undue influence is notoriously difficult. Although best described as murky, many clients often believe the existence of undue influence is obvious in their situation: their evil stepmother pressured their vulnerable father, their conniving cousin insinuated himself…

Managing The Self-Represented Litigant: A Lawyer’s Tool Kit

Justin de Vries | April 24, 2012

It is now generally accepted that unrepresented or self-represented litigants are becoming more and more common in the court system. It is widely agreed that unrepresented or self-represented litigants present unique challenges and difficulties – ones that can often be frustrating, time consuming and expensive. I have opted to take…

Contested Passing Of Accounts – Tips, Traps and Pitfalls

Justin de Vries | February 16, 2012

Most people feel honoured and/or touched when they learn for the first time (they are rarely asked beforehand) that they are named as an executor or a trustee. However, the honeymoon quickly wears thin when it becomes apparent to the newly appointed executor or trustee how much work is often…

Legal Resources

Update on Solicitors’ Negligence Issues

A Practical Guide to Capacity Assessments

Unusual Will Clauses & Oddball Estate Cases

Order for Directions and Pleadings: Laying the Groundwork for Successful Will and POA Challenges

Handwriting Experts and Trustee Indemnification

Trustee Indemnification – Recent Developments

The Herculean Task Of Proving Undue Influence

Managing The Self-Represented Litigant: A Lawyer’s Tool Kit

Contested Passing Of Accounts – Tips, Traps and Pitfalls

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