Estate Litigation

Reigning In Frivolous Will Challenges

In Seepa v. Seepa, Justice Myers declined to grant a consent order for directions in a will challenge case, and instead required the parties to argue the issue on the merits. In order to obtain disclosure and procedural rights in such cases, Justice Myers indicated that bald allegations of lack of testamentary capacity and undue […]

Recent Estate Cases that made a Difference and Why you Should Care

2016 saw the release of numerous interesting and important estates and trusts decisions. Justin de Vries and Joanna Lindenberg have summarized the top cases from the year and explained their impact on estates and trusts law. Starting with a discussion of the Court of Appeal decision in Spence v. BMO Trust Company, this paper also touches on

Passing of Accounts and Business Assets

Passing the Trustee’s Accounts When There Are Business Assets At the beneficiaries’ insistence, or at his own initiation, a trustee[i] may apply to court to pass his accounts.  Once in court passing format, the accounts will list the deceased’s assets as of date of death, and trace any subsequent disposition of those assets.  However, where

Cottage Succession Planning

Cottages are treasure-troves of memories and are part of the Canadian psyche.  For many, the cottage is more than just a house by a lake. It is a place filled with memories of fishing and swimming and lying out under the stars on warm summer nights. It is therefore not surprising that most cottage owners

Case Comment: Re: Estate of Dominico Grillo

Can an Ontario litigant bring a will challenge here to set aside a will made in Italy?  This interesting question was recently answered affirmatively by Justice Newbould in the recent decision in Re Estate of Domenico Grillo. Read Angela’s case comment here.

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