Estate Litigation

Total 413 Posts

Motion to Approve Settlement – A Fine Balance

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Rule 7.08 of the Rules of Civil Procedure states that no settlement of a claim involving a person under disability is binding on that person unless the settlement is approved by a judge. Why court approval of settlements is necessary is succinctly summarized in Wu Estate v Zurich Insurance Co.: “The purpose of court approval is plainly to protect the party under disability and to ensure that his or her legal rights….

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Estate Litigation

Deceased’s Will So Hateful it is Suspicious

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When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’ if she could tell the truth in a Court. She is less a person than her mother. G-d help anyone….

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Contested wills, Estate Litigation, Family Conflict, Testamentary Capacity, Undue influence, Wills

A Failure to Compensate: What is a Quantum Meruit Claim and How Can It Be Proven in Court?

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A claim in quantum meruit is sometimes made in the estates litigation context by a disappointed beneficiary. The words quantum meruit literally mean “as much as deserved.” The claimant argues that he or she deserved compensation from the deceased for work that was done but was not properly compensated for under the deceased’s will. In order to succeed, a plaintiff must establish that the services were not rendered gratuitously and….

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Estate Litigation

Does the Timing of their Father’s Death Disinherit Them?

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In Royston et al v Alkerton et al, 2016 ONSC 2986 (CanLII) the estate trustees of Recia’s estate sought the court’s advice and direction to interpret her will. Recia had five children. Two of them, Alan and John, predeceased her. Alan had two children; John had none. Subsequent to Alan and John’s death, Recia made a will with the following provision: My Trustees shall divide the residue of my estate….

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Estate Litigation, Trustee, Wills

Sumner and National Amusements

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In a number of previous Blogs, there have been references to famous families feuding over estates. This Blog is about a similar story except that the subject, Sumner Redstone, is still alive at 92 years of age. For those who don’t know, Sumner Redstone is a media mogul. He currently owns the majority interest in Viacom and CBS Corporation (through National Amusements Inc.), estimated to be worth around $5 billion…..

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Capacity Law, Estate Planning, Family Conflict, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Undue influence

Provincial residency of a Trust

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The Canada Revenue Agency (CRA) was asked if there was any change to their view regarding the application of the central management and control (CMC) test in establishing the residency of a trust for provincial income tax purposes in light of the decisions in Discovery Trust v. Canada and Boettger C. Agence du revenu du Québec.
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Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, Trusts
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