Estate Litigation

Total 415 Posts

Seeking disclosure of a lawyer’s file to prove substantial compliance

• • 0 Comments

White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….

Seeking disclosure of a lawyer’s file to prove substantial compliance Continue Reading »

Contested wills, Estate Litigation, Executors, Wills

The SDA and Parens Patriae Jurisdiction

• • 0 Comments

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

The SDA and Parens Patriae Jurisdiction Continue Reading »

Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Court Awards Punitive Damages Against a Former Estate Trustee

• • 0 Comments

In a recent decision, the court awarded punitive damages against a former estate trustee who had ignored a number of court orders requiring her to account. In 2002, the estate trustee (“Lorali”) was appointed a co-estate trustee of her late mother’s estate (the “Deceased”). Subsequently, her co-estate trustee died in 2013, leaving her the sole estate trustee. Pursuant to the terms of the Deceased’s Will, the estate trustees were directed to….

Court Awards Punitive Damages Against a Former Estate Trustee Continue Reading »

Estate Litigation

The Cy-Près Doctrine: When Good Intentions Count For Something

• • 0 Comments

The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have ceased to exist by the time the testator died. Where a testator intended to benefit a charity, the courts have….

The Cy-Près Doctrine: When Good Intentions Count For Something Continue Reading »

Charitable Giving, Estate Administration, Estate Donations, Estate Litigation, Estate Planning, Executors, Philanthropy/Charitable Giving, Trustee, Trusts, Wills

The Continuing Importance of the Presumption of Due Execution

• • 0 Comments

Where the evidence establishes that the testator executed the will in accordance with the requisite formalities (e.g., signed in the presence of two witnesses), a rebuttable presumption arises that the testator knew and approved the contents of the will…..

The Continuing Importance of the Presumption of Due Execution Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Wills

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

• • 0 Comments

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

The Life and Legacy of Gina Lollobrigida – An Estates Perspective Continue Reading »

Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills
Scroll to Top