Estate Litigation

Total 411 Posts

When Are You Married?

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Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses for tax purposes. You can ignore the 12 month requirement if you are living together and you are both parents….

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Contested wills, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Spouse, Testamentary Capacity, Uncategorized, Wills

Charitable, but not that charitable

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This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the heart of pending litigation between Eleena’s family and the SPCA. Eleena’s Will, executed in 2003, leaves $440,000 in specific bequests….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, In the News

Can Section 3 Counsel be Summoned for Examination?

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Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Removing an Estate Trustee: More Than a Feeling

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In Viertelhausen v Viertelhausen, the court dismissed an application to remove the estate trustee due to lack of evidence of a true conflict of interest. The deceased, Bote, died without a will. His brother, Bill, obtained a certificate of appointment of estate trustee without a will. The applicant, Teresa (a niece of both Bill and Bote) who was also a beneficiary of Bote’s estate, commenced an application to remove Bill….

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Estate Litigation

To Forgive, or Not to Forgive, What Was the Intention?

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In Middleton Estate v. Middleton, 2020 ONCA 552 (CanLII), the Court of Appeal for Ontario considered the appeal from a trial judge’s decision concluding that the first of two promissory notes reflected the deceased’s intention that a loan made to her daughter was repayable on the deceased’s death. Facts: Eva Middleton died on June 5, 2015. Following Eva’s death, her estate trustee received two promissory notes: the first dated July….

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Credibility, Deference, Estate Litigation
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