Estate Litigation

Total 415 Posts

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

Father Time: A Limitation Period Refresher

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As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that apply to different estate-related issues. Basic Limitation Period It is well known that generally, a proceeding shall not be commenced….

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Contested wills, Courts, Dependant Support, Estate Litigation, Limitation periods, Uncategorized, Wills

Proportionality and costs awards

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In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs.   The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject of the recent Fanelli decision, which was released earlier this month. Approximately one year before her death, Ms. Fanelli drafted….

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Contested wills, Costs, Estate Litigation, Undue influence, Wills
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