Estate Litigation | All About Estates

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

Scotiatrust • January 16, 2020 • 1 Comment

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, Wills

The Motivating Factor

Gillian Fournie • January 15, 2020 • 0 Comments

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 Disputes

Secret Trusts

Steven Frye • January 14, 2020 • 0 Comments

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

Costs and the Estate’s Losses

Jacob Kaufman • January 8, 2020 • 1 Comment

Some losses suffered by the estate due to litigation cannot be recovered…..

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Canada Revenue Agency, Contested wills, Costs, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Liability, Tax Issues, Trustee, Wills

Option to Purchase – At What Price?

Rebecca Studin • December 18, 2019 • 0 Comments

Court of Appeal interpreted an option to purchase a business set out in the deceased’s last will…..

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Business Succession Planning, Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Small Business, Succession Planning, Wills

Can You be Removed as a Trustee Without a Replacement?

Steven Frye • December 17, 2019 • 0 Comments

The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….

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Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills