Diane Vieira

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Diane has practiced in the area of estate, trust and capacity litigation since she was called to the Ontario Bar in 2006. Diane obtained her law degree from Queen’s University after completing an Honours Bachelor of Arts degree from the University of Toronto. She received the Certificate in Elder Law from Osgoode Hall Law School. She is a member of the Ontario Bar Association and the Toronto Lawyers Association. Diane has chaired various continuing legal education programs regarding estate, trust and capacity matters. She can be reached at dvieira@devrieslitigation.com More of Diane's blogs can be found at https://devrieslitigation.com/author/dvieira/

Successful Will Challenge Yields Blended Cost Award

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The Applicant (the Deceased’s son) brought an application seeking to invalidate the Deceased’s 2023 Will, submit the Deceased’s 2022 Will for probate, and seek the return of the Deceased’s $95,000 gift to his nephew. The Deceased executed wills on March 16, 2022 and November 22, 2023. In his 2022 Will, the Applicant is named as the estate trustee, the Deceased gifts his home and its contents to the Applicant and names the….

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Estate Litigation, Wills

Is it a Digital Will?

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Today’s blog was written by K. Thomas Grozinger, C.S., LL.B., TEP, Principal Trust Specialist with RBC Royal Trust Our lives continue to be impacted by rapid changes in technology. In an era where many aspects of daily living involve interaction with some form of electronic or digital media, even estate planning and estate administration are not immune to the developments of the Information Age.  As evidence of just how pervasive….

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Estate Litigation, Wills

Lawyer Representation in Estate Litigation

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A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee on behalf of her late partner’s estate.  As she was self-represented, she brought a motion seeking leave to act on….

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Estate Litigation

Why Should it Come Out of My Share of the Estate?

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Often when an estate is involved in litigation to address the conduct of an uncooperative beneficiary, the other beneficiaries expect that the estate trustee’s court costs will be paid from the share of the “problem” beneficiary.  However, as lawyers like to say “it depends.” In a recent Ontario case, an estate trustee brought a court application seeking immediate access and the vacant possession of the Deceased’s house, the primary asset….

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Estate Litigation

Court of Appeal Upholds Purchase Money Resulting Trust Decision

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Ontario’s Court of Appeal (“COA”) recently released a decision clarifying the legal requirements for finding a purchase money resulting trust.  The COA upheld the trial judge’s decision and dismissed the appeal on several grounds. The Appellant sought to appeal the trial judge’s finding that his mother’s estate held a 26% beneficial interest in a property his corporation owned.  In 1980, the Appellant purchased a home for $38,500.  He made a….

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Estate Litigation

Court Rectifies Ambiguous Will

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In Mansour v. Girgis, the court was asked to interpret the Deceased’s will and if the will was found to be ambiguous, to rectify a drafting error. The Deceased died in 2012. He never married and never had children. At the time of his death,  he was survived by two siblings who he made provisions for in his testamentary documents.  He also left the residue of his estate to Bishop….

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Estate Litigation
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