Estate Litigation | All About Estates

Yet Another Family Cottage Feud

Jacob Kaufman • February 5, 2020 • 0 Comments

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

Criminals Cannot Profit From Their Crimes – Or Can They?

Rebecca Studin • January 29, 2020 • 0 Comments

Criminals cannot profit from their crimes – unless they are not criminally responsible…..

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Contested wills, Estate Administration, Estate Litigation, Executors, Family Conflict, In the News, Wills

A note on Crypto Currency

Steven Frye • January 28, 2020 • 0 Comments

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, Wills

The New Simplified Procedure Rule (Rule 76)

Justin de Vries • January 22, 2020 • 1 Comment

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 Management

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