Estate Litigation

Total 411 Posts

Undue Influence in Estate Planning

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This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust Historically the area of estates was not particularly litigious, but as families and financial circumstances become more complex, litigation involving estates has become more frequent. Frequently touted, but notoriously difficult to prove, is the allegation of someone being unduly influenced in making their Will. A client of mine (let’s call him Derek) passed away leaving behind his (younger)….

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Capacity Law, Estate Litigation, Uncategorized, Undue influence

It Ain’t Over Til It’s Over*

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A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….

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Capacity Law, Caregiving, Costs, Elder Care, Elder Law, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee Disputes

Significant Tax Re-Assessment Due to An Estate Valuation Gone Wrong

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I have been writing about valuations for estate plan agreements, highlighting that they should be based on fair and reasonable methods, prepared in good faith, properly supported and documented at the time of valuation. In Lewin v. the Queen 2019 TCC 21, The Lewin Estate was appealing a significant tax reassessment of the deceased’s terminal return issued some five years after the original assessment. The issue to be decided is….

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Canada Revenue Agency, Estate Administration, Estate Litigation, Executors, Investments, Tax Issues, Trustee, Uncategorized

Solicitor’s Negligence – A Follow Up

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I have previously blogged about solicitor’s negligence and the current state of the law with respect to, in part, determining lawyers’ liability and the applicable standard of care. As a follow-up, below is a brief list of some best practice tips to keep in mind: Communicate – keep the client informed of legal options and obligationsProvide clients with regular updates, even if there is nothing to reportDon’t rely solely on….

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Estate Litigation, Fiduciary Professions, Practice Management

ETDL Appeal is to the Divisional Court – not the Court of Appeal

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What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”) was embroiled in litigation. The deceased and others had a beneficial interest in various properties which were legally owned by….

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Estate Administration, Estate Litigation, Trusts, Wills

Families and Lessons Learnt Along The Way V: 2

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The more people/families I meet, the more I am amazed that there can be so much conflict that continues….. Many estate practices are busy because of familial conflict. We all know families that are not on speaking terms. In most cases, money has something to do with it. I wanted to share with you one family’s story that perhaps can give us pause for reflection and perhaps to change an….

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Estate Donations, Estate Litigation
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