Estate Litigation

Total 413 Posts

Court Set Asides a Release and Orders a Passing of Accounts

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An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a  release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”) as litigation guardian for Ms. Foisey sought to set aside a release she signed three months before she was found….

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Capacity Law, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

The Utility (or lack thereof) of Extrinsic Evidence When Interpreting a Will

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This blog is written by Ronald Neal, student-at-law. Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]. Background Dr. Ewert had two children, Monica and Peter. Dr. Ewert passed away on February 7, 2011. In 1990, Dr…..

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Estate Litigation, Uncategorized

No Good Deed Goes Unpunished

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The phrase “No good deed goes unpunished” is often attributed to Clara Boothe Luce, an American Dramatist, who was the first American woman appointed to a significant ambassadorial post abroad. Today it is often used to express the idea that beneficial actions often go unappreciated or are met with hostility.  The decision of the Ontario Court of Appeal in Teixeira v. Markgraf Estate, 2017 ONCA 819 no doubt left Arlindo….

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Elder Care, Estate Administration, Estate Litigation, Trustee

Capacity to Contract – The Settlement Edition

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Capable adults are free to enter into a contract with one another. Once entered into, the contract is binding on the parties (exceptions apply) and they may ask the court for assistance enforcing the terms of the contract. Different rules apply to contracts entered into by minors (in Ontario, the Age of Majority and Accountability Act defines a “minor” is anyone under the age of 18). Subject to a few….

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Contracts, Disability, Estate Litigation

2018: The Year of the Ultimate Limitation Period

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All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2018. But 2018 must also be a year of vigilance: it is the last year that most historical claims (i.e. claims arising from events that occurred before 2004) can be brought before being forever barred under the ultimate limitation period. Lawyers must advise their clients to bring such claims promptly this year….

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Estate Litigation

The Litigator’s Holiday Medley

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It is that time of year again… “the Most Wonderful Time of the Year” as that well-loved refrain goes.  Lawyers and other professionals can get awfully serious about what they do when it comes to estate planning, litigation, and administration.  So in an attempt to offer some levity in this busy season, I offer a reworking of two holiday classics from a litigator’s perspective (with apologizes to songwriters of old). ….

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Estate Litigation
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