Criminals Cannot Profit From Their Crimes – Or Can They?
Criminals Cannot Profit From Their Crimes – Or Can They? Continue Reading »
Contested wills, Estate Administration, Estate Litigation, Executors, Family Conflict, In the News, WillsEstate Litigation
Total 411 Posts
A note on Crypto Currency
Wikipedia defines cryptocurrency (or crypto currency) as a digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets. Cryptocurrencies use decentralized control as opposed to centralized digital currency and central banking systems. The decentralized control of each cryptocurrency works through distributed ledger technology, typically a blockchain, that serves as a….
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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Investments, Trusts, Uncategorized, WillsThe New Simplified Procedure Rule (Rule 76)
Since it was enacted in 1996, Rule 76 of the Ontario Rules of Civil Procedure has provided for a simplified procedure to streamline claims of relatively modest monetary value. The goal remains to reduce legal costs and speed up the administration of justice. The Government of Ontario made significant changes to the simplified procedure rule effective January 1, 2020 in an effort to increase claims proceeding under Rule 76. These….
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Estate Litigation, In the News, Practice ManagementChallenge Accepted: Court Challenges to Wills and Claims Against Estates
This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….
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Contested wills, Estate Litigation, Uncategorized, Undue influence, WillsThe Motivating Factor
Estate litigation is full of high emotions and recriminations, usually stemming from decades of family history. As a result, it is not unusual for a client to question their family member’s reason for commencing litigation against them: jealousy and revenge for some long ago slight are usual suspects. However, as litigators, we have to decide carefully how heavily these allegations figure into the proceedings. As the Ontario Court of Appeal….
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Credibility, Estate Litigation, Family Conflict, Powers Of Attorney and Guardianship Disputes, Trustee DisputesSecret Trusts
Secret and trusts are essentially trust arrangements made between a testator and a trustee, without written disclosure or agreement of the terms of the arrangement, but where an understanding exists between the parties. Based on precedent in case law, the essential elements of a secret trust are: • An intent by the testator to subject the trustee to an obligation in favour of a beneficiary; • Communication of that intent….
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Estate Administration, Estate Litigation, Liability, Resulting Trust, Trustee, Trusts, Uncategorized, Wills