Contested wills

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The Importance of Being Original

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This Blog was written by: Emily Racine   As we know, the statistics are less than ideal for the number of Canadians who have a will let alone a recently updated one. That being said, having a will is not enough – it is important to have the original will. In order to apply for probate in Ontario, the original will must be turned over to the probate court. If….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Uncategorized, Wills

A Roadblock for Multiple Wills

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Today’s blog was written by Justin W. de Vries and Jacob Kaufman A will need not be probated. The power of an estate trustee derives from the will itself. However, in certain cases, a grant of probate (now awkwardly called a certificate of appointment of estate trustee with a will) is needed and the estate trustee will have no choice but to apply for probate and to pay the accompanying….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, In the News, Succession Planning, Wills

Where’s There is a Will (and a Clear One), There is a Way!

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In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’, which was consistent with the value of the cottage at that time. Several years later and prior to her passing,….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Property, Real Estate, Testamentary Capacity, Trusts, Uncategorized, Wills

Estate Trustees and Costs of Litigation: Try not to take it personally?

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In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the personal brunt of litigation costs that may far exceed the amount in question, due primarily to their own intransigence. A….

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Attorney Compensation, Contested wills, Costs, Estate Administration, Executors, Family Conflict, Liability, Property, Trustee, Trustee Disputes, Uncategorized, Wills

e-Signed, Sealed, Delivered….and Legal

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Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued guidance and a summary document stating that e-signatures are just as valid as paper signatures. Currently in Canada, certain documents….

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Contested wills, Contracts, Estate Litigation, In the News, International, Power of Attorney, Trusts, Wills

My Summer Vacation

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One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King” and “The Bean Baron of Maine”, passed away in February 2017. According to the Portland Press Herald (“the Herald”), Grant’s….

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Contested wills, Estate Litigation, Family Conflict, In the News, Uncategorized
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