Estate Litigation

Total 411 Posts

Hidden Fees – A Breach of Trust

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Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..

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Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts

Forensic Profile of Perpetrators of Financial Elder Abuse

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Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in the case of a senior who is not mentally capable, when the use of funds is not in that senior’s….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Clash of the Limitation Periods

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The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3) of the Trustee Act, RSO 1990, c T.23 (see ss. 2(1)(a) and 19(1) of the Limitation Act)…..

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Trusts, Wills

Revocation of Wills

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In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will. The applicant representatives of the Estate were the deceased’s sons.The respondents were the deceased’s daughters. The parties were unable to….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Investments, Uncategorized, Wills

Estates Law and Privacy Law: An Incomplete Intersection (Part I)

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Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Uncategorized, Wills

Yet Another Family Cottage Feud

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In summertime cottages are the delight of everyone. But that dreamy cottage can turn into an estate litigation nightmare, as one family discovered in Donaldson v. Braybrook, 2020 ONCA 66. Margaret had four children: Wendy, Susan, Thomas and Barry. She allowed them all generous access to her cottage. In fact, Margaret was so committed to providing this access to the cottage that she moved into the apartment over its garage….

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Cottage, Estate Litigation
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