Lord Denning – A Giant among Judges with more than 2000 Cases Reported
Lord Denning – A Giant among Judges with more than 2000 Cases Reported Continue Reading »
Estate Litigation, Tax Issues, TrustsLast week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge…..
Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions. ….
What happens when an estate trustee distributes money to the wrong beneficiary or distributes the wrong amount?
….
Change of Circumstance Defence Continue Reading »
Estate Administration, Estate Litigation, Executors, WillsHow much compensation should be awarded to an estate trustee who has breached her duty of honesty and utmost good faith, was prepared to simply cut a cheque to pay out a claim against the estate without any investigation into its merits, and was prepared to use the threat of destroying the testator’s beloved pets as a means to try to extract benefits for her friends and herself?….
Zero Compensation Awarded to Estate Trustee in Watson Estate Continue Reading »
Estate Litigation, Executors, Passing Of Trustees’ and Executors’ AccountsWhen a solicitor is advising on estate administration, who does the solicitor and client privilege belong to?….
Estates do not have Lawyers Continue Reading »
Estate Administration, Estate Litigation, Executors