Total 415 Posts
In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate…..
Can a Disbarred Lawyer be an Executor? Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, ExecutorsToday’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….
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….
Production motions: the bar is higher than you think Continue Reading »
Contested wills, Credibility, Estate Litigation
The Superior Court of Justice issued a new Consolidated Civil Provincial Practice Direction for all civil proceedings effective as of June 15, 2023. In addition, the Brampton court office has adopted new procedures for civil matters designed to lead to a more effective use of court time and resources…..
Brampton’s Civil Court Procedure – An Update Continue Reading »
Courts, Estate Litigation, Practice Management
In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987. Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen made wills in which their respective estate would be gifted to the surviving spouse and upon the death of the….
Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation Continue Reading »
Estate Litigation, Wills
In theory, obtaining a judgement should mark the end of litigation. In practice, it can be the beginning of the just as tedious process of collecting on the judgement by way of enforcement proceedings. The plaintiff in the case of Akhavan v Taheri found this out the hard way. On December 24, 2020, the plaintiff, Akhavan, obtained a judgement in the amount of some $2.4 million dollars plus costs. The….
When the End is not the end Continue Reading »
Estate Litigation, Interest