The Originating Process One of the first steps taken in any court procedure is service of the originating process. Whether the procedure is by action or application, service of the originating process puts parties and others who may be affected by the outcome on notice that a legal proceeding has started. In estate litigation there may be a number of parties who need to be served at the outset of….
You’ve been served! Continue Reading »
Estate LitigationI am tired of hearing about bad news, forest fires, shootings, untimely deaths and anything else you would like to add to this list. We all need to find our own zen place- where we can relax and unwind. For me that is at a golf course. As strange as that may sound, while I may not be a good golfer- I try my hardest to be ‘good to golf….
Good Monday Morning To You Continue Reading »
Disability, UncategorizedToday’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….
Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….
When Families Collide with Constructive Trusts Continue Reading »
Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust
White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….
Seeking disclosure of a lawyer’s file to prove substantial compliance Continue Reading »
Contested wills, Estate Litigation, Executors, WillsEstates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….
When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will Continue Reading »
Courts, Estate Administration, Executors, In the News, Wills