Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….
Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary of some of these. The Facts The case involved a dispute over ownership of a property between a woman by….
A long, long time ago… Continue Reading »
Credibility, Estate Litigation
Anna Chen, Associate, Gowling WLG (Canada) LLP Often, estate trustees or trustees apply to the court for its opinion, advice or direction in respect to issues in the administration of the estates or trusts. The questions put to the court may range from the interpretation of a clause in a testamentary instrument or questions as to whether the estate trustee or trustee has the authority to carry out certain steps….
This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Last week, I had the pleasure and privilege of being a panelist at the American Bar Association’s International Law Section conference in London, UK. The focus of our discussion was millionaire migration. Together with my co-panelists from different global jurisdictions, we discussed, most particularly, our observations of where high and ultra-high net worth people are….
Of Millionaires and Migration Continue Reading »
Estate Planning, Tax Issues, United States, Wills[caption id="attachment_21138" align="aligncenter" width="518"] Holy Rosary Church, Portugal Cove South, Newfoundland, Terry Roberts, CBC[/caption] Portugal Cove South is a fishing village with approximately 86 residents on the Avalon Peninsula in Newfoundland. The town is home to a century-old Roman Catholic church, the Holy Rosary. In August 2024 the parishioners were informed by Archdiocese of St John’s that their church was sold without their consent for $48,000. The town fought back….
A Community Fights to Save its Church Continue Reading »
Estate Donations, Philanthropy/Charitable Giving, UncategorizedIn the recent decision of Zarrin–Mehr v. Shokrai, 2024 ONSC 6319, the court considered whether the circumstances warranted the appointment of an estate trustee during litigation. Facts Sadollah Zarrinmerh, died on November 15, 2020. He was survived by his wife, Soraya Shokrai, and two children, Mehdi Zarrin-Mehr, his son from a previous marriage, and Maral Zarrin-Mehr, his daughter with Soraya. Soraya originally believed the deceased had died intestate, and so….
ETDL Appointments Are Not Automatic Continue Reading »
Estate Administration and Probate Applications