Estate Litigation

Total 414 Posts

Demonstrating Financial Need in a Dependant Support Claim

• • 0 Comments

Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support for dependants, it is possible for those dependants to bring a claim against the estate for a share of the….

Demonstrating Financial Need in a Dependant Support Claim Continue Reading »

Dependant Support, Estate Litigation, Spouse, Succession Planning

Fraudulently Concealing a Limitation Period

• • 0 Comments

Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice system. The provide certainty and finality. In Ontario, a plaintiff has two years to start a claim from the date….

Fraudulently Concealing a Limitation Period Continue Reading »

Estate Litigation, Limitation periods, Real Estate

You Can’t Always Get What You Want, But … You Get What You Need

• • 0 Comments

In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

You Can’t Always Get What You Want, But … You Get What You Need Continue Reading »

Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Occupation Rent Will Get You Every Time

• • 0 Comments

Most adults are familiar with the concept of “rent”: it’s the money you owe every month after signing a lease with a landlord. Related but distinct from “rent” is “occupation rent” – rent’s frequently sought, but little understood, younger cousin who can still pack a punch. Occupation rent fills the void where there is no lease agreement or where a landlord-tenant relationship does not exist. Occupation rent can be sought….

Occupation Rent Will Get You Every Time Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Real Estate

Estate Planning for Tattoo Artists

• • 3 Comments

It’s critical for anyone planning an estate, whether their own or someone else’s, to do a comprehensive analysis of anything that could be considered property of that estate upon the testator’s death. After all, section 2 of Ontario’s Succession Law Reform Act states that a “person may by will devise, bequeath or dispose of all property (whether acquired before or after making his or her will) to which at the….

Estate Planning for Tattoo Artists Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, United States

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

• • 2 Comments

This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19 Continue Reading »

Contested wills, Uncategorized, Undue influence
Scroll to Top