Estate Litigation

Total 416 Posts

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

• • 0 Comments

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands Continue Reading »

Contracts, Estate Litigation, Family Conflict, Property, Real Estate, Spouse

Diminishing Capacity and Urge to Delay

• • 0 Comments

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management As an Estate and Trust Consultant who works closely with financial advisors and their clients, I find myself being asked increasingly often to help clients whose capacity has become a concern. This seems to be an instigator as the advisor becomes aware that the client may no longer be able to understand their finances….

Diminishing Capacity and Urge to Delay Continue Reading »

Capacity Law, Contested wills, Estate Litigation, Estate Planning

COVID-19: Emergency Orders Extended and Courts to (Partially and Potentially) Reopen

• • 0 Comments

Earlier today, the Ontario government extended all its emergency orders (including the order suspending statutory deadlines). de VRIES LITIGATION LLP brings you this special Saturday blog on this matter and other breaking developments on the justice system and COVID-19. As noted in my previous blog, the Ontario government made an order under sections 7.01 and 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and other….

COVID-19: Emergency Orders Extended and Courts to (Partially and Potentially) Reopen Continue Reading »

Courts, Estate Litigation, In the News

Unclaimed Bodies and Setting Things Right

• • 0 Comments

Unhappily, it is not uncommon for family members to be at loggerheads as to who controls the body of a loved one and whether the body should be cremated or buried. I previously blogged on the 2018 case Miller v. Miller, a decision by Justice Myers of the ONSC, which dealt with this issue. In summary, the estate trustee has the authority to make funeral and burial arrangements. Nevertheless, fights….

Unclaimed Bodies and Setting Things Right Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Funeral Planning

Listing in a Time of COVID

• • 0 Comments

Regular court operations and limitation periods/statutory deadlines continue to be suspended in Ontario due to COVID-19 (as discussed further in my previous blog). However, this does not mean that litigation is somehow frozen or that deadlines in previous court orders do not apply. One party learned this painful lesson in Lima v. Ventura (Estate of), 2020 ONSC 3278. The facts in this case are depressingly common in Toronto. A deceased….

Listing in a Time of COVID Continue Reading »

Estate Administration and Probate Applications, Estate Litigation, Wills

Locating Unknown or Missing Heirs to an Estate

• • 1 Comment

How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue of the estate to the testator’s “nieces and nephews” without specifically naming them. Where a deceased died without a will,….

Locating Unknown or Missing Heirs to an Estate Continue Reading »

Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict
Scroll to Top