ETDL

An ETDL will continue to act until all appeals exhausted

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I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the Divisional Court – which dealt with whether an ETDL’s role continued after a judgment is appealed. In Gefen v. Gefen,….

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Courts, Estate Litigation, Executors

ETDL Appeal is to the Divisional Court – not the Court of Appeal

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What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”) was embroiled in litigation. The deceased and others had a beneficial interest in various properties which were legally owned by….

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Estate Administration, Estate Litigation, Trusts, Wills

Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference

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The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased need for a neutral party to preserve the assets of the estate during the course of such litigation…..

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Contested wills, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes
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