Many of us in the estates and trusts world have encountered a situation where a client or party has alleged that a signature or handwritten note is forged. The evidence of a forensic document examiner, or handwriting expert, is sometimes led to assist a party in establishing that the signature or handwriting is a forgery. In Chishti v. Northside Pharmacy Ltd. et al, 2021 NBQB 35 (CanLII) (“Chishti”), the court….
Is It A Forgery? Continue Reading »
Credibility, Estate Litigation
Litigation can be expensive. At the forefront of the minds of many parties is the question of how to pay the legal costs. Sometimes the money that a party needs (or wants) to access in order to pay for the litigation is at the centre of the dispute. This can be the case in estate litigation when there is a question of who owns an asset, such as multiple beneficiaries….
Don’t Assume You Can Access Your Money Continue Reading »
Costs, Courts, Fiduciary Professions
For many people who own the house in which they live, their home is the most valuable asset in their estate. In many communities in Canada, house values have steadily increased over the last several years and particularly during the COVID-19 pandemic. This means that the value of an estate may be much greater at the time of the testator’s death than when the testator prepared and signed the last….
Increase In House Value Means $1.4 million Gift to SPCA Continue Reading »
Capacity Law, Charitable Giving, Contested wills, Estate LitigationThose who practice in the world of estates know that emotions can run high. Estate planning and estate litigation involve relationships and, often, family. And relationships and family are complicated. It can sometimes be hard to be reasonable in the face of difficult emotions. But reasonableness should be a guiding principle for estate trustees and beneficiaries alike. If that warning is not heeded then parties to estate litigation must know….
300 Objections. 3 Week Hearing. $325,000 Costs Award. Continue Reading »
Costs, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts
Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v Tanti et al., 2020 ONSC 8063. The relationship between Paul Tanti (“Paul”) and Sharon Joseph (“Sharon”) was never accepted by….
Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable Continue Reading »
Capacity Law, Dependant Support, Estate Litigation, Wills