Estate Litigation

Total 422 Posts

Court of Appeal Affirms “Good Sense” of Excluding Evidence of Testator’s Intentions

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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. ….

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Contested wills, Estate Litigation, Wills

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
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