Estate Litigation

Total 414 Posts

Understanding the Role of Section 3 Counsel

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The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon the Court’s analysis of the role played by counsel appointed under section 3 of the Substitute Decisions Act, 1992 (the….

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Capacity Law, Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Supreme Court Blesses Henson Trusts

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The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The Metro Vancouver Housing Corporation (the “Landlord”) provides affordable rental housing in Vancouver.   The Landlord requires prospective tenants to provide evidence….

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Estate Litigation, Estate Planning, Trusts

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

Chaos caused by Gifting

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This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust “A jealous son sues his desirous and spoiled younger brother and his beleaguered and over-his-head uncle about the spoils of the estate of his late mother.” Working in the area of estate planning and estate administration offers a glimpse into the range of family dynamics and human behaviour. As an estate planner, much of my time spent with….

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Estate Litigation

Lucid Intervals and Testamentary Capacity

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As I understand, “lucid interval” is a legal doctrine that holds that testamentary capacity may exist at a moment in time even though the testator’s general state would be inconsistent with the conclusion that he possessed testamentary capacity.[i] The idea is that an individual who suffers from mental illness or a neurological condition may have periods in which his or her ability to reason and make thoughtful choices is preserved…..

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Capacity Law, Contested wills, Estate Litigation, Wills

Conflicts of Interest – When Lawyers Will Be Removed (or not)

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By the time a matter reaches trial, a client and her lawyer will have spent a significant amount of time together. A bond often develops over the course of the relationship, with the client trusting that her lawyer will put forward her position forcibly and knowledgeably. As a result, an attempt by the other side to remove the lawyer from the file is disruptive and often viewed with suspicion. To….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Trustee Disputes
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