Estate Litigation

Total 411 Posts

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

Legislative Amendments Proposed in Light of Calmusky

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On March 16, 2020, the Superior Court of Ontario released its decision in Calmusky v Calmusky. In Calmusky, the Court applied the presumption of resulting trust to a RIF that was designated to a particular beneficiary. The beneficiary was unable to rebut the presumption, and the Court ordered that funds from the RIF were to be paid to the estate. For a more detailed discussion on Calmusky, see Demetre Vasilounis’….

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Contested wills, Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, Investments, Joint Tenancy, Resulting Trust, Trusts

Does the Estate Trustee Always Participate in Estate Litigation?

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One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation is the estate trustee, not the estate. If the estate is named as a party to the litigation, the title….

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Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Spouse, Trustee, Trustee Disputes
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