Is the payment and discharge of a mortgage from the proceeds of a mortgage insurance policy to be taken into account in determining the “net value” of the estate for the purposes of determining a spouse’s preferential share? That was the question before the court in the recent case of…
Angelique Moss
When will a court permit amendments to a statement of claim after the expiration of a limitation period? In a recent decision by Justice Lederman, Barcham v. Barcham, the plaintiff and moving party, Lazar Barcham (“Lazar”), sought leave to amend his statement of claim, and an adjournment of the trial…
Today marks the third anniversary of the Sandy Hook Elementary School massacre in Newtown, Connecticut. It is also the first time that the anniversary falls on a school day. On this date in 2012, Adam Lanza killed 20 first grade students, 6 educators, and his mother, before turning the gun…
Litigants in estates proceedings are sometimes concerned that sensitive and private information – though relevant to the court proceedings – will be made publicly available once filed with the court. Litigants may wonder whether that information can be kept “under wraps”. Indeed, our courts retain the ability to prevent information…
In Zerbinati v. Zerbinati 2013 CanLII 86428 (ON SC), the respondents to an application for the determination of the validity of the last will and testament of Valentino Mario Zerbinati (“Valentino”) brought a motion for “non-suit” on the grounds that the formal validity of Valentino’s Will had not been established….
Failure to follow a court order can result in imprisonment, even if this is a first finding of contempt of court.
Two sisters from New York sued a New Jersey cemetery for $25 million after learning that their mother had been buried in a different grave site than the one they had been visiting since her death in 1990.
Can a person convicted of murder but found to have been not criminally responsible benefit from the proceeds of an insurance policy held by the deceased?
Testators often draft into trusts conditions that limit the circumstances in which trust property may be distributed to beneficiaries. Some conditions test the boundaries of testamentary freedom, and raise complex questions about the relevance of human rights norms to trusts and estates law.
When opposing a dependant support claim on the grounds that you are upholding the intentions of a testator, as this recent B.C. case indicates, think carefully about the possible cost consequences of so doing before proceeding to trial.