Total 418 Posts
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…..
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 LitigationMany 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….
A Gift or not a Gift? That is the Question Continue Reading »
Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influenceAs part of any administration, it is important for the Executor or Trustee to maintain records of all transactions taking place within the estate or trust….
PASSING OF ACCOUNTS – PART I “WHAT DOES IT MEAN and WHY IS IT NECESSARY?” Continue Reading »
Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ AccountsOver 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…..
What made 1993 a memorable year? Justice Howard addressed that question in the opening seven paragraphs of his decision in Meriano v Benoot, 2016 ONSC 4839. Bill Clinton, Sir John Major, Kim Campbell and Jean Chretien all took office. Czechoslovakia separate into the Czech Republic and Slovakia. Prince changed his name to a symbol. There were no Taylor Swift songs on the radio because, as his Honour archly noted, “the talented….
1993: Good Year for Baseball – Bad Year for Litigation Continue Reading »
Estate Litigation