Lord Denning – A Giant among Judges with more than 2000 Cases Reported
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Estate Litigation, Tax Issues, TrustsEstate Litigation
Total 415 Posts
Litigation Involving the Estate of the Godfather of Soul
A recent on-line article in Rolling Stone magazine describes how nearly five years following the death of the legendary James Brown, his estate, which had a value of approximately $100 million dollars on the date of his death, remains undistributed…..
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Estate Litigation, Family ConflictCourt of Appeal delivers pyrrhic victory on costs to appellant in Smith Estate; otherwise dismisses appeal
Last week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge…..
Making sure you play with your best hand
In the years that I have been practicing I’ve come to realize the importance of having a team approach to addressing a client’s estate plan. Whether the team includes the accountant, who suggests an ‘estate freeze’, the insurance advisor who considers the extent and type of insurance needed to best fulfill the client’s goals, the investment advisor who works to achieve both the client’s retirement and legacy goals or other lawyers who are involved in the client’s legal affairs, all the advisors have a role to play in ensuring the client’s estate play is properly implemented. No where is the team approach perhaps more paramount than when the areas of family and estate law intersect…..
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Estate Litigation, Estate PlanningCourt of Appeal Affirms “Good Sense” of Excluding Evidence of Testator’s Intentions
Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions. ….