Estate Litigation

Total 422 Posts

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

Brampton’s Civil Court Procedure – An Update

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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…..

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Courts, Estate Litigation, Practice Management

Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

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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….

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Estate Litigation, Wills
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