Estate Litigation

Total 416 Posts

University’s Decision on Spending $4 Million Bequest from Frugal Donor is Controversial, Fully Permissible

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University of New Hampshire library cataloger and alumnus Robert Morin died in 2015 at the age of 77. Morin, known for his thrifty lifestyle, spent little on food or clothes, and drove a 1992 Plymouth until his death. His will bequeathed a $4 million fortune to his employer, with the only instructions that $100,000 of the gift be spent at the school’s Dimond Library, where Morin worked. However, controversy later….

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Estate Litigation, Philanthropy/Charitable Giving

The 1870 Test for Testamentary Capacity: time for an update

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The leading case on testamentary capacity for almost 150 years has been that of Banks v Goodfellow – a judgment written on appeal by Chief Justice Cockburn of the English High Court in 1870.  The four broad criteria that emerged from his judgment have formed the basis of virtually every Will challenge case since that time – this, despite the fact that a few things have changed since 1870.  This….

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Capacity Law, Estate Litigation

Don’t Look a Gift House in the Mouth

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“A resulting trust arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner.” Pecore v Pecore (SCC). In 1969, Luisa immigrated from Portugal to Canada. By 1972, all of Louisa’s seven children had joined her (spanning in ages from 20 to….

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Estate Litigation, Property, Real Estate, Resulting Trust, Trusts

Is a gift in a will to a fake name valid?

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In a recent episode of the Starz TV show The Girlfriend Experience, an unusual estate administration issue arose (mild spoilers ahead). The show tells the story of Christine Reade (Riley Keough), a law student and intern who secretly moonlights as a high end escort in Chicago (a thinly disguised Toronto serves as the shooting location). One night, Christine gets a call from Peter Gramercy, a lawyer for the estate of one….

Is a gift in a will to a fake name valid? Continue Reading »

Estate Administration, Estate Litigation

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

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Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed…..

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Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts

Did fraudulent concealment stop the clock?

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In Roulston v McKenny et al, 2016 ONSC 2377, the deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The deceased and his ex-wife signed a separation agreement which required the deceased to maintain $150,000….

Did fraudulent concealment stop the clock? Continue Reading »

Estate Litigation
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