Evidence of Contempt – More than Hearsay
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Courts, Credibility, Estate Litigation, Family Conflict, Fiduciary Professions, Liability, Passing Of Trustees’ and Executors’ Accounts, TrustsEstate Litigation
Total 414 Posts
When Does a Class of Beneficiaries Close?
“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a question. Who are the precise members of this type of undefined class? Is the testator referring to people who fit….
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Estate Administration, Estate Litigation, Estate PlanningHow A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy
The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee due to the court’s general supervisory role over officers of the court and internet rumours. Tanya Davies was a prominent….
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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, In the NewsWalters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak
A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors when exercising such discretion. The decision, written by Justice Sarah Pepall for the Court, is a helpful read as it….
Has a Contingent Beneficiary Asked for an Accounting?
An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass their accounts. This will be costly and may be what the contingent beneficiary is trying to avoid in requesting a….
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Estate Administration, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, WillsTaking the Extra Steps
Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the act and its effects; (2) shall understand the extent of the property of which he is disposing; (3) shall be….
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Contested wills, Estate Litigation, Testamentary Capacity, Wills