Michael Rosen

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Michael Rosen is a lawyer at de VRIES LITIGATION LLP. He practises in the area of estates, trusts and capacity litigation. He is a graduate of York University and the University of Western Ontario’s Faculty of Law. Email: mrosen@devrieslitigation.com

Must an estate pay for a charitable pledge by the deceased?

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Canadians are charitable people. According to Statistics Canada, 82% of Canadians made a financial donation to a charitable or non-profit organization in 2013 (the latest year statistics are available). The amount given by donors increased from an annual average of $469 in 2004 to $531 in 2013. The most generous donors are those age 75 and over – indeed, every older age category was more generous than the previous one…..

Must an estate pay for a charitable pledge by the deceased? Continue Reading »

Charitable Giving, Estate Donations, Estate Litigation

University’s Decision on Spending $4 Million Bequest from Frugal Donor is Controversial, Fully Permissible

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University of New Hampshire library cataloger and alumnus Robert Morin died in 2015 at the age of 77. Morin, known for his thrifty lifestyle, spent little on food or clothes, and drove a 1992 Plymouth until his death. His will bequeathed a $4 million fortune to his employer, with the only instructions that $100,000 of the gift be spent at the school’s Dimond Library, where Morin worked. However, controversy later….

University’s Decision on Spending $4 Million Bequest from Frugal Donor is Controversial, Fully Permissible Continue Reading »

Estate Litigation, Philanthropy/Charitable Giving

Is a gift in a will to a fake name valid?

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In a recent episode of the Starz TV show The Girlfriend Experience, an unusual estate administration issue arose (mild spoilers ahead). The show tells the story of Christine Reade (Riley Keough), a law student and intern who secretly moonlights as a high end escort in Chicago (a thinly disguised Toronto serves as the shooting location). One night, Christine gets a call from Peter Gramercy, a lawyer for the estate of one….

Is a gift in a will to a fake name valid? Continue Reading »

Estate Administration, Estate Litigation

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential

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Over the past year, the saga of billionaire Sumner Redstone’s estate and capacity fight has continued to play out in the United States. Redstone, an American media magnate, was the subject of a lawsuit brought by Manuela Herzer, a former girlfriend. Herzer alleged that the CBS Corporation and Viacom owner was incapable, and was being manipulated by his daughter, Shari Redstone. That lawsuit was dismissed in May of this year…..

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Capacity Law, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes

Parenticide Prevents a Beneficiary from Receiving Under a Will

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Last year, a son was accused of murdering his parents in Connecticut after they threatened to take him out of their will. There have been a handful of cases over the past century in Canada with similar tragic circumstances. The long established rule in Canada (known as the “slayer rule” in the United States) is that a beneficiary cannot receive a gift from a will if the beneficiary murdered the….

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Estate Litigation

It is Not My Deed: How a Party Can Void a Trust Agreement

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One way for a party to set aside a trust agreement is by arguing that the settlor of a trust made a mistake about the trust. The concept, often found in contract law, is known as non est factum (note that a trust deed can be seen as a contract). The doctrine applies where there was both a mistake made in the execution of a contract, and the party was actually in error about….

It is Not My Deed: How a Party Can Void a Trust Agreement Continue Reading »

Trusts
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