Estate Litigation

Total 411 Posts

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

Curtailing Frivolous Will Challenges

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In Seepa v. Seepa, the court called for a “culture shift” away from boiler plate, consent orders for directions, which are routinely granted in will challenges on the Toronto Estates List. Instead, the court will assess the quality of the allegations made by the applicant will challenger to make out “a minimal evidentiary basis to support the order for directions sought”. Estate litigators would be wise to sharpen their skills and revisit what it….

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Contested wills, Estate Litigation

You can’t gift what you don’t have

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Kindly Arlindo Teixeira took care of his elderly neighbour Mary Markgraf. Mary died shortly after writing a large cheque to Arlindo which could not be cashed due to insufficient funds. In Teixeira v. Markgraf Estate, 2017 ONCA 819, the Court of Appeal upheld the application judge’s ruling that this gift failed for lack of delivery. Arlindo helped Mary for nearly 15 years, with household maintenance, driving her to appointments and….

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Estate Litigation
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