Estate Litigation

Total 413 Posts

Are unequal bequests in wills becoming more common?

Research in the United States has consistently shown that the vast majority of parents intend to divide their estates equally among their children (there appears to be far less research on the topic in Canada). Intriguingly, this is in contrast with inter vivos transfers – research has shown that children are less likely to be treated equally by their parents while they are still alive. The theory for this discrepancy is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Looking back, looking forward

At year end, we typically engage in a retrospective examination, looking back on events and trying to make sense of them.  Simultaneously, there is a human instinct to make predictions as well as resolutions, both of which are notoriously unreliable.  The notion of predicting the future is one that is inherent in medicine by virtue of the fundamental role of a physician to make a diagnosis, but also concomitantly a….

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Capacity Law, Contested wills, Estate Litigation, Estate Planning, Undue influence

No Second Chance to Replace Estate Trustee

Has the Court of Appeal written the final chapter in the long-running dispute between Erna and Hilda (two sisters who have been in litigation against each other since 2003)? I previously blogged about the Divisional Court’s ruling on an appeal of a contested passing of accounts regarding Erna’s role as attorney and estate trustee for her parents. Now, the Court of Appeal has dismissed Hilda’s latest appeal. Hilda commenced an action alleging….

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Estate Litigation, Executors

Empathy and Advocacy

Today marks the third anniversary of the Sandy Hook Elementary School massacre in Newtown, Connecticut. It is also the first time that the anniversary falls on a school day.  On this date in 2012, Adam Lanza killed 20 first grade students, 6 educators, and his mother, before turning the gun on himself. Following the shootings, there was an outpouring of support for Newtown: donations of over $2.6 million, along with….

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Estate Litigation, In the News
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