Trustee Disputes

Total 32 Posts

The Living Hands that Control the Graves

• • 1 Comment

As a law student, my trust law professor brought in a “dead hand” to help us remember the rule against perpetuities. The prop was effective: I have not forgotten that the rule stops trust property from being governed indefinitely from “beyond the grave.” While principles of trust law helpfully prevent the living from being controlled by the dead, they also apply to govern the living in charge of the dead…..

The Living Hands that Control the Graves Continue Reading »

Estate Litigation, Funeral Planning, Trustee, Trustee Disputes, Trusts

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential

•

Over the past year, the saga of billionaire Sumner Redstone’s estate and capacity fight has continued to play out in the United States. Redstone, an American media magnate, was the subject of a lawsuit brought by Manuela Herzer, a former girlfriend. Herzer alleged that the CBS Corporation and Viacom owner was incapable, and was being manipulated by his daughter, Shari Redstone. That lawsuit was dismissed in May of this year…..

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential Continue Reading »

Capacity Law, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes

Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference

•

The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased need for a neutral party to preserve the assets of the estate during the course of such litigation…..

Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference Continue Reading »

Contested wills, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL II: A View from the CRA Bridge!

•

Last fall I wrote about the Supreme Court of Newfoundland and Labrador being asked to rule on the specific issue of residency which would have significant tax implications to the trust depending on the Court’s determination. In Discovery Trust vs Canada (National Revenue), 201201G6615, at issue was whether a trust was a resident of Newfoundland and Labrador where the beneficiaries resided or in Alberta where the trustee was a resident…..

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL II: A View from the CRA Bridge! Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, In the News, Liability, Property, Tax Issues, Trustee, Trustee Disputes, Trusts, Wills

Pre-Death POA Disputes

•

I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices.  That rather unseemly development is this:  expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money.  In more and more cases, the fights begin while the testator is still alive. A case decided earlier this month,….

Pre-Death POA Disputes Continue Reading »

Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Nobel Peace Prize’s Breach of Trust?

•

Norwegian lawyer Fredrik Heffermehl thinks the Nobel Foundation has blatantly ignored the intentions of Alfred Nobel for his namesake Peace Prize. Nobel’s will stipulated that the prize be awarded to the ”most worthy champions of peace”. Specifically it should go to “the person who shall have done the most or the best work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and….

Nobel Peace Prize’s Breach of Trust? Continue Reading »

Charitable Giving, Contested wills, Philanthropy/Charitable Giving, Trustee Disputes
Scroll to Top