Estate Litigation

Total 411 Posts

Undue Influence: A Primer

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Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack of testamentary capacity, it is not always so. In fact, undue influence may exist even where the testator has capacity….

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Contested wills, Courts, Estate Litigation, Undue influence, Wills

Is it a Digital Will?

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Today’s blog was written by K. Thomas Grozinger, C.S., LL.B., TEP, Principal Trust Specialist with RBC Royal Trust Our lives continue to be impacted by rapid changes in technology. In an era where many aspects of daily living involve interaction with some form of electronic or digital media, even estate planning and estate administration are not immune to the developments of the Information Age.  As evidence of just how pervasive….

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Estate Litigation, Wills

The Interpretation of Wills

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Tangled Ropes Photo by Malcolm Burrows

Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each of the respondents (children of the deceased). Paragraphs 4(e) and (f) of the deceased’s November 3, 2022 last will and….

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Estate Litigation, Executors, Family Conflict, Uncategorized, Wills

Contempt and Custodial Sentences

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A storm approaches. The vista of mountains and a man standing upon a mountain that the storm has not yet reached.

On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these terms will be used interchangeably) for civil contempt…..

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Courts, Estate Litigation, Executors, Fiduciary Professions, Liability, Trustee

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

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Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

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Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

A long, long time ago…

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Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary of some of these. The Facts The case involved a dispute over ownership of a property between a woman by….

A long, long time ago… Continue Reading »

Credibility, Estate Litigation
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