Forms of Relief

The Revival of Unconscionable Procurement

The administrations of some estates simply do not move forward smoothly. The Elias Gefen estate is one such estate. In Gefen v. Gaertner, 2019 ONSC 6015, Justice Kimmel addressed multiple issues which had stopped the administration from moving forward, ranging from mutual wills to secret trust agreements. Justice Kimmel also applied, for the first time

Capacity, Capacity Litigation, Court Applications to Interpret a Will or Trust, Estate Litigation, Forms of Relief, Other Claims & Remedies Against Estates, Trusts, Will Challenges

Unregistered Transfer of Property Can Be Valid

A recent decision in the Ontario Superior Court of Justice held that a deed of transfer of land can still be valid even if the deed wasn’t registered until after the transferor died. In the case, Sproul Estate v. Sproul, the testatrix, Ann Sproul, had purchased a house in 1989 with her husband, Leonard, together

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

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
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