Estate Litigation

Total 411 Posts

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

Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

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It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony is not required in every case, and where a trial can be avoided, court resources can be allocated elsewhere.   A….

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Estate Litigation, Undue influence, Wills

Does an Adult Child have an Obligation to Support their Parent?

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*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support are frequently litigated and can often be the central issue in a family or estate dispute. One of the lesser….

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Courts, Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Contempt of Court

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We’ve all heard of contempt of court, a common fixture in many courtroom dramas and law-related TV shows. In reality, civil contempt of court is quite uncommon, arising only on occasion during contentious litigation. In the estates context, contempt of court is most often linked to a party’s refusal to account for, release or transfer funds as directed by the court. For a litigant, it can be very disheartening to….

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Courts, Estate Litigation

Standing to Bring a Trust Claim – When You Need to Sit Down

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There are a few occasions when you want someone who is not you to have as much money as possible. The first situation is when you are a beneficiary of their estate. The second situation is when you seeking an equalization payment under the Family Law Act. In both situations, you would want the estate/your former spouse to pursue any trust claims they may have without delay. However, as the….

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Estate Litigation, Family Conflict, Resulting Trust, Separation, Spouse, Trusts
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