Estate Litigation

Total 415 Posts

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

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Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

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Contracts, Estate Litigation, Family Conflict, Uncategorized

Examination of non-parties

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Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills

Emotional Support Dogs

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I once lost a seat in business class to an alleged Emotional Support Animal (“ESA”). The dog’s owners arrived for a flight in which they were apparently ready to put their alleged ESA, Woofie Goldberg[i], into her carrier and stow her under the seat in front of their own seats. Problems arose when it turned out that the couple had seats immediately behind the bulk head (therefore no seats in….

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Estate Litigation, Estate Planning, Uncategorized

Court Rectifies Ambiguous Will

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In Mansour v. Girgis, the court was asked to interpret the Deceased’s will and if the will was found to be ambiguous, to rectify a drafting error. The Deceased died in 2012. He never married and never had children. At the time of his death,  he was survived by two siblings who he made provisions for in his testamentary documents.  He also left the residue of his estate to Bishop….

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Estate Litigation

Common Law Spouse Brings an Unjust Enrichment Claim

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In Lynk v Bennett Estate, a common law spouse brought an unjust enrichment claim against her late partner’s estate The Deceased, Mr. Bennett, had separated from his wife, Mrs. Bennett in 2004 but never divorced.  He entered into a common law relationship with Ms. Lynk.  They resided together for 15 years until his death. Mr. Bennett died without a will.  Mrs. Bennett applied to administer his estate. At the time….

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Estate Litigation

Will Challenges and Limitation Periods: Court of Appeal Weighs In

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The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of…..

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Appeals, Contested wills, Estate Litigation, Executors, Family Conflict, Limitation periods, Wills
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