Under the Declaration of Death Act, the court will make the order declaring that an individual has died if the individual disappeared in circumstances of peril or the individual has been absent for seven years…..
Gone. Now what? Continue Reading »
Estate Administration and Probate Applications, In the News
Capacity is a key component of estate litigation, especially in guardianship and attorneyship disputes. Questions of when someone has begun acting as an attorney for property and whether a person had the requisite capacity to designate a party as their attorney are some of the ways this issue plays out. Once these questions are raised, the arena in which these disputes are heard, for the most part, is the Superior….
What is the Consent and Capacity Board? Continue Reading »
Capacity Law, Elder Care, Elder Management, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship DisputesLitigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….
The Vexatious Litigant Continue Reading »
Estate LitigationIf you’re a frequent reader of this blog, then by now it you should know that acting as a trustee comes with a minefield of obligations and duties. Sorry folks, but I’m adding one more to the pile. The Case In Galea v. Tybel et al., a trustee of a trust located in Ontario sought to wind up the trust and distribute the funds, held for the benefit of a….
The Incapable Foreign Beneficiary Continue Reading »
Guardianship, Trustee, Trusts, Uncategorized
A child’s relationship with their parents is complicated. If a child is in extended society care, previously known as being a Crown ward, that’s probably an understatement. But what happens in the unfortunate situation that a child under society care passes away? Nobody likes to contemplate the death of a child, but it raises all kinds of logistical questions. For one, who has the right to make burial arrangements for….
You’re not my mother! Continue Reading »
Estate Administration, Family Conflict, Funeral Planning
With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed property is not sold before the litigation is resolved. If the parties agree to remove a CPL so that the property may be sold, the agreement is generally contingent on holding the sale proceeds in trust pending….
How much security is enough? Continue Reading »
Estate Litigation, Family Conflict, Joint Tenancy, Property, Real Estate, Trusts