Estate Litigation

Total 416 Posts

Too much “Legalese” – Better Pay Attention!

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  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

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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

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

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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

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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

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
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