Anna Alizadeh

Total 22 Posts

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Anna was called to the Ontario Bar in June 2016. Prior to joining de VRIES LITIGATION LLP, she articled at a full service firm where she developed a strong background in litigation and alternative dispute resolution. Anna also worked on estate litigation files and estate planning matters, and co-authored a chapter on Physician Assisted Dying for Key Developments in Estates and Trusts Law in Ontario, 2015-2016 edition. She obtained her Honours Bachelor of Science in Psychology, with a minor in Biology, from York University, and her Juris Doctor from the University of Ottawa. While in law school, Anna participated in an exchange program in Paris, France, where she obtained her Certificate in French and European Union Law. Anna practices in the areas of estates, trusts and capacity litigation. She is fluent in Farsi and has a professional working proficiency in French. Email: AAlizadeh@devrieslitigation.com

Credibility is in the Eyes of the Judge

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I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down to a matter of credibility – can the witness be believed? The British Columbia Court of Appeal has recently reminded….

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Credibility, Deference, Estate Litigation, Family Conflict, Resulting Trust

“Intergenerational Living: Free Rent for Students and Socialization for the Elderly”

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My colleague, Audrey Miller, recently blogged about the trend in adult children looking for someone to live with their elderly parent in exchange for free rent (albeit the living arrangement may require light caregiving). In her blog, Ms. Miller highlighted the costs associated with care provided by care agencies, and commented that it may be worth pursuing care arrangements where students live with the elderly. Just how practical is this….

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Caregiving, Elder Care

A Gift or not a Gift? That is the Question

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Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

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Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence

Challenging a loved one’s Will? You’re gonna need evidence

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The recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….

Challenging a loved one’s Will? You’re gonna need evidence Continue Reading »

Contested wills, Estate Litigation, Undue influence
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