I recently spoke at the Estate Planners’ Council of Halton (EPCOH). Below is a brief summary of recent and notable cases that Jonathon Vander Zee and I prepared for the EPCOH presentation. It’s always good to keep up to date. Enjoy!
Moral obligations matter – the Court will strive to balance a person’s legal entitlement to support with the deceased’s testamentary intentions and moral obligations.
Unsuccessful litigants can face significant costs consequences if found to be acting in self-interest or under suspicious circumstances – $2.2 Million was awarded in costs to the successful party.
The Court may decline to appoint a Guardian where an individual demonstrates decision-making capacity with assistance and will prioritize that individuals autonomy where less restrictive alternatives exist.
The Court may invoke its parens patriae jurisdiction (to protect those who cannot protect themselves) to appoint an estate trustee/trustee of a trust on an interim basis to protect a vulnerable beneficiary’s interest.
Where a risk of dissipation of estate assets exists and a person stands to suffer significant prejudice if estate assets are further depleted, the Court may grant a preservation order to ensure the estate remains available to satisfy the ultimate outcome of the litigation.
The Court found that the deceased’s incapacity could toll the limitation period under the Limitations Act, 2002, despite the applicability of a strict limitation period under s. 38(3) in the Trustee Act.
A property agreement was enforced between parent and child despite a limited-scope POA – no undue influence, fiduciary breach, or unconscionability found where the parent is capable, acts voluntarily, and receives independent legal advice.
The Court may remove estate trustees and appoint a neutral third party where entrenched conflict impedes on the proper administration of the estate – majority rules clause between four estate trustee siblings deemed insufficient as siblings were equally divided on key issues.
“Zombie” deeds attempting to transfer property after death are inoperable & a document may be testamentary in nature but only partially dispositive of the testator’s property.
Validated draft wills were invalidated on appeal after a lower court incorrectly used s. 21.1(1) of the SLRA to validate them. The deceased was indecisive about his final wishes and never gave his lawyer final instructions.
