Estate Litigation

Total 411 Posts

Interpreting “Per Stirpes” In Ambiguous Wills

• • 0 Comments

“The ghosts of dissatisfied testators,” a Chancery judge once noted, “Wait on the banks of the Styx for the judges who misconstrued their wills.” As such, the court will take great care to ensure that wills are properly interpreted, even if they are oblique or confusing. This was the situation in Estate of Stanley Moore v. Moore, 2018 ONSC 6420 where the court had to choose between four different interpretations….

Interpreting “Per Stirpes” In Ambiguous Wills Continue Reading »

Estate Litigation

Unexpected Death? Apply for an Extension

• • 0 Comments

Death is difficult to control. It has also proved impossible to avoid. However, married spouses are given greater options than the rest of us – they can choose to inherit their deceased partner’s estate under the Succession Law Reform Act or the Family Law Act. When a married spouse dies without a will, the default is that his or her estate will be distributed pursuant to the rules set out….

Unexpected Death? Apply for an Extension Continue Reading »

Estate Administration, Estate Litigation, Executors, Property, Spouse

Buffy the Vampire (Slayer Rule)

• • 0 Comments

Halloween is right around the corner, so today’s blog post is taking an ominous turn. Informal Reader Poll: What’s scarier? a) A horror movie that’s been remade three times b) Having to remake a client’s will for the third time Now to the fun stuff….. There’s a general principle in law and public policy that no advantage may be gained from one’s own wrongdoing. Some relevant examples are: The Slayer….

Buffy the Vampire (Slayer Rule) Continue Reading »

Capacity Law, Contested wills, Estate Litigation, Family Conflict

Preservation Orders in Estate Litigation

• • 0 Comments

Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and can be utilized in an estate proceeding to preserve and even seize property. Rule 45 reads as follows: 45.01 (1)….

Preservation Orders in Estate Litigation Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict

Summary Judgment and Limitation Periods in the Context of Estate Litigation

• • 0 Comments

Today’s blog was co-written by Ronald Neal. In Sinclair v Harris, Justice Nakatsuru granted summary judgment on the basis that the claims advanced on behalf of the estate were statute-barred. The deceased passed away in November 2015.  The Plaintiffs are the estate trustees appointed in the deceased’s will (the “Estate Trustees”).  Five years before her death, the deceased advanced approximately $137,333 to her friends (the “Defendants”) so that the Defendants could purchase a….

Summary Judgment and Limitation Periods in the Context of Estate Litigation Continue Reading »

Estate Administration, Estate Litigation, Joint Tenancy, Loans, Resulting Trust, Uncategorized

Is it Improper for Counsel to Assist an Expert Witness in the Preparation of the Expert’s Report?

• • 0 Comments

Expert evidence constitutes an exception to the rule that witnesses may only testify as to facts, not opinions, and that it is the exclusive prerogative of the trier of fact to draw inferences from proven facts. The expert evidence exception operates where specialized knowledge is required to determine the implications of the facts where the trier of fact is not competent to draw the necessary inferences unaided. The Rules of….

Is it Improper for Counsel to Assist an Expert Witness in the Preparation of the Expert’s Report? Continue Reading »

Estate Litigation, Testamentary Capacity
Scroll to Top