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/

Executor Compensation – The Last Chapter

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Today’s Blog was Written by Jacob Kaufman The Divisional Court has just written another chapter in the ongoing saga of a dispute between two sisters, Erna and Hilda, who have been in litigation against each other since 2003. Erna had acted as attorney for property of her parents since 2002 and as estate trustee of her mother since 2008. In the case of In the Estate of Stefanie Aber, deceased,….

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Estate Planning

Calculating Dependant’s Support-A View from the Divisional Court

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The background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals.  The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the Pension Benefits Act, led to legislative changes in Ontario.  A summary of that court of appeal decision can be found….

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Estate Planning, Home-Right, International

Congratulations-It’s a Girl!

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A new study reported on this week found that daughters are significantly more helpful than sons when it comes to taking care of their elderly parents.  Referencing data found from surveying 26,000 Americans, it seems that daughters spend on average 12.3 hours a month looking after an elderly parent versus sons who spend on average 5.6 hours a month caring for their elderly parents.  Significantly, gender is an important factor….

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Estate Planning

Trust Created in Holograph Will Fails

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A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will.  The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy.  The case serves as a good reminder that you should consult an expert to ensure your testamentary wishes are carried out…..

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Estate Planning, Home-Right

Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

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Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Contested wills, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, United States, Wills

When to Serve the Public Guardian and Trustee

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The Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. Most estate practitioners are familiar with the requirements that the Public Guardian and Trustee be served with applications to appoint guardians of property and person and for court approval of settlements involving a person under a disability. However, there are a number of other statutory requirements that necessitate service on the Public Guardian and Trustee that estate practitioners may be less familar with…..

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Capacity Law, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
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