Estate Litigation – Page 37 – All About Estates

Disproportionate Inheritance? WESA to the Rescue

Scotiatrust • August 1, 2019 • 1 Comment

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management Nahar and Nihal Litt arrived from India in 1964 with modest beginnings. The couple worked tireless hours building their family’s farm business estate for decades. Their children, who were between the ages of three and fourteen when arriving to Canada, helped cultivate their family business throughout the years. The family began to acquire….

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Contested wills, Estate Litigation, Family Conflict, In the News

Too much “Legalese” – Better Pay Attention!

Scotiatrust • July 11, 2019 • 0 Comments

This Blog was written by: Emily Racine While reviewing wills with clients, the focus is often on the dispositive provisions of the will; in other words, clients tend to focus on the first five pages of the will and leave the rest to the lawyers. For the most part, this is for good reason. Wills often contain 10 or more pages of boiler plate language that can put….

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Contested wills, Estate Litigation, Uncategorized, Wills

Probate and the Humans Rights Tribunal of Ontario

Joanna Lindenberg • July 10, 2019 • 0 Comments

On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of appointment of estate trustee (probate) be obtained – both where there is and is not a will – in order….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

Testamentary Freedom – A Fundamental Right?

Gillian Fournie • June 12, 2019 • 1 Comment

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now…..

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Dependant Support, Estate Litigation, Estate Planning, Succession Planning, Wills

You Better Think (Think)…About the Estate Planning Process

Scotiatrust • May 23, 2019 • 0 Comments

This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….

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

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

Justin de Vries • May 15, 2019 • 0 Comments

On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills