Estate Litigation

Total 418 Posts

Accommodating Beneficiaries of a Will With Differing Gender Identities

• • 2 Comments
The symbol for people who identify as non-binary.

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….

Accommodating Beneficiaries of a Will With Differing Gender Identities Continue Reading »

Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Master the ETDL Appointment

• • 0 Comments

Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee…..

Master the ETDL Appointment Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

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

• • 0 Comments

This is the third and final entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II examined significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous two entries….

Estates Law and Privacy Law: An Incomplete Intersection (Part III) Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Property

Actions Have Consequences – They May Sever Joint Tenancy

• • 0 Comments

Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….

Actions Have Consequences – They May Sever Joint Tenancy Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Clearance Certificates

• • 0 Comments

An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….

Clearance Certificates Continue Reading »

Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills
Scroll to Top