Criminals Cannot Profit From Their Crimes – Or Can They?
Criminals Cannot Profit From Their Crimes – Or Can They? Continue Reading »
Contested wills, Estate Administration, Estate Litigation, Executors, Family Conflict, In the News, WillsContested wills
Total 119 Posts
Challenge Accepted: Court Challenges to Wills and Claims Against Estates
This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….
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Contested wills, Estate Litigation, Uncategorized, Undue influence, WillsCan You be Removed as a Trustee Without a Replacement?
The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….
Can You be Removed as a Trustee Without a Replacement? Continue Reading »
Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, WillsMeeting the Will Challenge Threshold
Today’s blog was written by Christina Papadopoulos, an articling student with de VRIES LITIGATION LLP. What is the minimum level of evidence to be met before a court allows a will challenge to proceed? The recent Ontario Superior Court of Justice decision in Naismith v. Clarke, 2019 ONSC 5280 (“Naismith”) sets out a useful overview for the circumstances under which a court may allow a will challenge to move forward…..
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Contested wills, Estate Litigation, Testamentary Capacity, WillsInadequate Execution of a Will led to Court Dispute
In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm by his friend, Ms. Bayford. Under a will made by Mr. Boese two years earlier, the farm property was to….
Inadequate Execution of a Will led to Court Dispute Continue Reading »
Contested wills, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Power of Attorney, Uncategorized, Wills