Total 414 Posts
Joint tenancy has a lot in common with the TV show Survivor: the goal is to outlast your fellow castaways to win the prize – full ownership of the property. To escape this game show mentality, owners may sever the joint tenancy…..
Can You Sever Joint Tenancy After Death? Continue Reading »
Estate Litigation, Joint Tenancy, Property, Real Estate
In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate. The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….
Intestacy and Removing an Estate Trustee Continue Reading »
Estate Administration, Estate Litigation
Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..
Estate Trustee Compensation – Discretionary Factors Continue Reading »
Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee DisputesToday’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer. Chadwick was best known for his role in Black Panther – the first superhero movie to ever be nominated for “Best Picture” among five other awards at the Oscars in 2019. Fans were shocked to….
A ‘Playboy’ Millionaire’s Legacy The estate litigation of dismembered multi-millionaire Gang Yuan has once again made headlines. Last Friday, the British Columbia Court of Appeal denied leave to appeal by one of five mothers to his children who sought to establish that she was a “spouse” to Mr. Yuan. Mr. Yuan came to Canada in 2007. The ‘playboy’ millionaire fathered 5 children with 5 mothers, while romantically engaging as many….
Who is a “Spouse”? Continue Reading »
Estate Administration, Estate Litigation, In the News, Uncategorized
A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..
Life Interest or Licence to Use? Continue Reading »
Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, Wills