Estate Litigation

Total 411 Posts

Lost Wills – More Complicated than Losing Your Keys

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Nobody is perfect – sometimes you lose your keys. Other times you lose your will. The problem is, by the time your estate trustee realizes the will is gone, you won’t be around to help look for it. The inability to find a testator’s will does not automatically result in the deceased’s estate being distributed on intestacy. In certain circumstances, a lost or destroyed will may be admitted for probate….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

The Living Hands that Control the Graves

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As a law student, my trust law professor brought in a “dead hand” to help us remember the rule against perpetuities. The prop was effective: I have not forgotten that the rule stops trust property from being governed indefinitely from “beyond the grave.” While principles of trust law helpfully prevent the living from being controlled by the dead, they also apply to govern the living in charge of the dead…..

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Estate Litigation, Funeral Planning, Trustee, Trustee Disputes, Trusts

Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims

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Conflicting Limitation Periods In Ontario, as in other Canadian jurisdictions, various statutes establish limitation periods within which an injured party can commence a claim against a wrongdoer, including against the estate of a deceased wrongdoer. Under sections 4 and 5 of the Limitations Act, 2002, S.O. 2002, c. 24 , Sched B, a claim must be commenced within two years from the date the plaintiff could reasonably have discovered that….

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Estate Litigation, Liability

Protecting Charitable Interests

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[caption id="attachment_5768" align="aligncenter" width="377"] Charities may struggle with a lack of resources and expertise when defending an interest in an estate.[/caption] Are charities in a will easier to challenge when there are more than five entities named?   This topic came up at a recent lunch with estate planning and litigation colleagues.  One told a cautionary tale of a large estate that was litigated away from a dozen named charities.  The….

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Estate Administration, Estate Donations, Estate Litigation, Philanthropy/Charitable Giving, Uncategorized

CourtCalling The Bar

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A remote court appearance service has been approved for use on the Estates List. Under the Rules of Civil Procedure there has always been the ability to conduct certain court appearances via videoconference. However, court approval has always been required (and the consent of the parties, unless the videoconference was made on the court’s own motion). Recently, the process has been updated. A practice advisory dated March 8, 2017 holds….

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Estate Litigation

Death, Loss and Hope For Another Year

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While the New Year starts in January, Jews around the world celebrate another New Year, the birth of the universe, 5778 years ago based on the Hebrew calendar. While it is the first of the High Holidays, for many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. When there has been a death of a loved one….

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Estate Litigation, Family Conflict, Powers Of Attorney and Guardianship Disputes
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