Estate Litigation

Total 413 Posts

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….

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Estate Litigation

A Gift or not a Gift? That is the Question

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Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

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Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential

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Over the past year, the saga of billionaire Sumner Redstone’s estate and capacity fight has continued to play out in the United States. Redstone, an American media magnate, was the subject of a lawsuit brought by Manuela Herzer, a former girlfriend. Herzer alleged that the CBS Corporation and Viacom owner was incapable, and was being manipulated by his daughter, Shari Redstone. That lawsuit was dismissed in May of this year…..

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential Continue Reading »

Capacity Law, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes
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