Estate Litigation

Total 415 Posts

Limitation Periods and Testamentary Disputes: Lessons from Recent Ontario Case Law

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Article Written by: Ashley Thornton, Articling Student at Gowling WLG Recent decisions from the Ontario Superior Court of Justice and the Ontario Court of Appeal have shed light on when limitation periods begin to run in the context of different types of estate litigation. From professional negligence by estate lawyers, to the discoverability of testamentary documents, and the appropriate limitation periods for unjust enrichment claims against an estate, these rulings….

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Appeals, Estate Litigation

To Validate or Not to Validate: That is the Question

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Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

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Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

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Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

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Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

Determining the Validity of Inter Vivos Gifts

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In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held in those joint accounts. The Deceased had two children, who both shared her estate under her Will with the Applicant….

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Estate Litigation

Contract Law in Estate and Guardianship Litigation

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In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

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Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

(Not So) Happy Little Accidents: The Legal Legacy of Bob Ross

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I didn’t expect was that not even 15 minutes into the documentary, I’d find myself running back to my office to….

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Business Succession Planning, Contracts, Estate Litigation, Estate Planning, Succession Planning, Trusts
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