Total 414 Posts
Do you have to serve all respondents with all materials filed in an application? Only if the person has filed a notice of appearance or the court orders otherwise…..
Who Gets Served? Continue Reading »
Contested wills, Disability, Estate Litigation, Family Conflict, Practice Management, Wills
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….
Removing an Estate Trustee: More Than a Feeling Continue Reading »
Estate LitigationIn 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….
To Forgive, or Not to Forgive, What Was the Intention? Continue Reading »
Credibility, Deference, Estate Litigation
In Ontario, the Family Law Act (“FLA”) regulates the division of property and the availability of spousal support on separation or death. ….
Spousal Election – The Right of the Survivor Continue Reading »
Contested wills, Dependant Support, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Wills
Who owns the rights to a celebrity’s image after death? Do these rights pass automatically to the celebrity’s estate? How are these rights protected?….
Personality Rights…From Beyond the Grave! Continue Reading »
Estate Litigation, Estate Planning, In the News, International, Succession Planning, U.S. Citizen, United States
Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a person dies with a common law spouse, the spouse must commence a claim for dependant support pursuant to Part V….
What Makes a Marriage? Continue Reading »
Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Spouse, Trustee