Estate Litigation

Total 414 Posts

One Will, Two Versions

• • 0 Comments

Bayford v. Boese is an interesting case which serves as a reminder of the statutory requirements for due execution of a will. It also provides a thorough analysis of how judges dissect a witness’ evidence and generally determine who to ultimately believe at trial. Bruce Boese (the “Deceased”) was the sole owner of a 22-acre farm in Arnprior, Ontario (the “Farm”) when he died in June 2015. The Deceased executed….

One Will, Two Versions Continue Reading »

Contested wills, Credibility, Estate Litigation, Executors, Wills

Divisional Court Sets Aside Decision Ordering a Passing of Accounts

• • 0 Comments

In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier  decision that was under appeal. The appellant, Ms. Green, was an estate trustee who administered her brother’s estate.  One of the beneficiaries of the estate was her estranged sister, Ms. Foisey. Ms…..

Divisional Court Sets Aside Decision Ordering a Passing of Accounts Continue Reading »

Elder Law, Estate Administration, Estate Litigation

When Spouses “Separate” Due to Changing Medical Needs

• • 0 Comments

This blog was written by Christina Papadopoulos, student-at-law at de VRIES LITIGATION LLP. How does a physical separation caused by the admission of one spouse into a long-term care facility impact the interpretation of a will? This was the question posed to the Ontario Superior Court of Justice in Stuart v. Stuart, 2019 ONSC 4328. In that case, a married couple lived together in a property they owned as tenants….

When Spouses “Separate” Due to Changing Medical Needs Continue Reading »

Contested wills, Elder Care, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Spouse, Wills

Grammar saves lives

• • 3 Comments

  In this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….

Grammar saves lives Continue Reading »

Contested wills, Contracts, Estate Litigation, Uncategorized, Wills

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

• • 1 Comment

With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so much money sloshing around, coupled with the absence of a properly drawn will, that estate fights are inevitable. Michael Jackson’s….

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Fiduciary Professions, Interest, International, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes, Wills

Fraudulent Conveyances and Your Estate

• • 0 Comments

It is well known that Ontario testators enjoy the freedom to distribute their estates as they wish (provided their statutory obligations are met); however, the recent case of RBC v. Scarborough, 2019 ONSC 3369, reminds readers to be cognizant of the impact of debts and liabilities upon those who may stand to benefit from an estate, as well as the ramifications of taking steps to deal with one’s estate in….

Fraudulent Conveyances and Your Estate Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, Executors, Joint Tenancy, Loans, Wills
Scroll to Top