Total 411 Posts
Litigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….
The Vexatious Litigant Continue Reading »
Estate Litigation
Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..
When Will a Court Reconsider Its Decision? Continue Reading »
Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills
Just under six years ago, I bought a Pokémon Trading Card Game (TCG) Venusaur Ex Red and Blue Collection Box. I was feeling stressed about studying for my law school exams and, being a massive Pokémon fan, I went for a walk to my local hobby store and decided to engage in some retail therapy. For those of you who are not TCG players, it’s hard to explain the wonderful….
Gotta Catch ‘Em All: Pokémon Cards and Personalty Clauses Continue Reading »
Contested wills, Estate Litigation, Estate Planning, Succession Planning, Wills
Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?….
The Judicial Preference for Non-Intervention in Guardianship Disputes Continue Reading »
Capacity Law, Estate Litigation, Family Conflict, Guardianship
Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law…..
Suspicious Circumstances – For Wills Only Continue Reading »
Capacity Law, Contested wills, Contracts, Estate Litigation, Estate Planning, Executors, Geriatric Care Management, Property, Real Estate, Testamentary Capacity, Trustee, Undue influence, Wills
Per stirpes. It is a term that is often used in estate planning and will drafting yet is also one which frequently causes problems. Perhaps because the meaning is not always understood, even by estates practitioners, and therefore the term is misused. Or it could be because the term can be interpreted differently when a testator’s intentions are taken into account. In the recent decision in Jonas v Jonas, 2022….
By Branch But Within Its Own Class: Interpreting Per Stirpes in a Will Continue Reading »
Estate Litigation, Wills