Estate Litigation – Page 15 – All About Estates

Executors: Beware of the Risks

Scotiatrust • April 27, 2023 • 1 Comment

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management An estate trustee, also known as an executor, is responsible for administering the estate of the deceased and carrying out the terms of the Will (or other testamentary documentation). The recent article by Rebecca Studin titled “Pass Your Accounts, or Risk Jail Time” led me to think about the consequences of acting (or failing to act)….

Executors: Beware of the Risks Continue Reading »

Courts, Estate Litigation, Executors

What Happens to the Residue of an Estate when a Life Tenant Survives all other Beneficiaries?

Diane Vieira • April 26, 2023 • 0 Comments

In a recent British Columbia case, the court was asked to interpret the residue clause of a will. The testator’s wife held a life interest in the Estate’s property and was a beneficiary of an ongoing testamentary trust. However, both her stepchildren (and presumed receipients of the residue of the Estate) predeceased her. Background The testator died in 1979. He was survived by his second wife (Marion), his adult son….

What Happens to the Residue of an Estate when a Life Tenant Survives all other Beneficiaries? Continue Reading »

Estate Litigation, Wills

A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances

Karen Watters • April 5, 2023 • 0 Comments

A testator must have knowledge and approved of the contents of her will. This is one of the requisite elements for proving a will in a solemn form. Knowledge and approval, and its closely related cousin of due execution, is generally viewed as an easier test to meet compared with testamentary capacity. But knowledge and approval may be difficult to establish where suspicious circumstances exists. Ordinarily if certain conditions are….

A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances Continue Reading »

Contested wills, Estate Litigation

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations

Diane Vieira • March 29, 2023 • 0 Comments

In Alger v. Crumb, the Ontario Court of Appeal confirmed that a general revocation clause in a will did not revoke the testator’s TFSA and RRIF beneficiary designations. The Court concluded that under s. 51 and s. 52 of the Succession Law Reform Act (“SLRA”), the beneficiary designations have to be expressly referenced in a revocation clause and dismissed the appeal. Background The testator was survived by her four children. Her four….

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations Continue Reading »

Estate Litigation

Don’t be Vexed Over Security for Costs of an Appeal

Gillian Fournie • March 15, 2023 • 0 Comments

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..

Don’t be Vexed Over Security for Costs of an Appeal Continue Reading »

Appeals, Contested wills, Costs, Estate Litigation

Adding New Parties to An Existing Litigation?

Tyler Lin • March 1, 2023 • 0 Comments

Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already part of the litigation. This addition of new parties is also called “joinder”. Joinder is addressed under Rule 26.01 and….

Adding New Parties to An Existing Litigation? Continue Reading »

Contested wills, Estate Litigation, Trustee Disputes, Uncategorized