Estate Litigation

Total 414 Posts

Removal of Executor/Estate Trustee for Perceived Conflict of Interest

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Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee.  When the court is asked to remove an executor/estate trustee, it will….

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Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills

Valuing Estate Assets – A Hierarchy of Evidence

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Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee Disputes

The Slayer Law in Canada Part II: Beneficiaries Gone Bad

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  In December this author wrote about the common law forfeiture laws, colloquially known as “Slayer Law”, which precludes an individual from deriving a benefit from their own “morally culpable conduct.” In the context of the testator-beneficiary relationship, a beneficiary who is found to have caused the unlawful death of a testator will be deemed at common law….

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Estate Litigation, In the News

Fake Evidence in the Era of Fake News

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Today’s blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP Widespread embrace of social media has brought text messages, e-mails, and postings to the forefront of evidence in criminal, civil and family law disputes. These sources are supposed to allow judges to glean insight into the life and deeds of the disputing parties. However, in this era of “fake news,” technologies have developed that make it easier….

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Credibility, Estate Litigation, Family Conflict, In the News, Spouse

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

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Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….

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Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence

Estate Planning Lessons from “The Dutch House”

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The Dutch House, by Ann Patchett, is an excellent read. However, for those in the estate planning profession, it is also a reflection on what goes wrong when insufficient or no estate planning occurs…..

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Business Succession Planning, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Fiduciary Professions, In the News, Small Business, Spouse, Succession Planning
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