Estate Litigation

Total 411 Posts

When to Serve the Public Guardian and Trustee

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The Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. Most estate practitioners are familiar with the requirements that the Public Guardian and Trustee be served with applications to appoint guardians of property and person and for court approval of settlements involving a person under a disability. However, there are a number of other statutory requirements that necessitate service on the Public Guardian and Trustee that estate practitioners may be less familar with…..

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Capacity Law, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Newell v. Newell: Full Indemnity Costs Awarded to Both Parties

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In Newell v. Newell (2011 ONSC 3228), the court awarded full indemnity costs to both parties to a guardianship dispute, despite the fact that neither party was wholly successful and the application and cross- application had become moot as a result of the death of the incapable mother…..

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Capacity Law, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Zero Compensation Awarded to Estate Trustee in Watson Estate

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How much compensation should be awarded to an estate trustee who has breached her duty of honesty and utmost good faith, was prepared to simply cut a cheque to pay out a claim against the estate without any investigation into its merits, and was prepared to use the threat of destroying the testator’s beloved pets as a means to try to extract benefits for her friends and herself?….

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Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts
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