Estate Litigation

Total 422 Posts

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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