Estate Litigation

Total 418 Posts

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

Factors to Consider when Rebutting the Presumption that a Lost Will was Destroyed by the Testator

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Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or invalid. Where a copy of the original will exists, a party may make an application to the court to have….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Uncategorized

Production motions: the bar is higher than you think

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A recently released decision, Giann v Giannopoulos, 2023 ONSC 5412, provides clarity on a question that frequently arises in estate litigation: what information is a party entitled to from the deceased’s personal records and documents? This case, heard by Justice Myers of the estate list in mid-September this year was a motion by the Applicants for orders providing them access to the legal, medical and financial records of their deceased….

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Contested wills, Credibility, Estate Litigation
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