Wills

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Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

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On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills

ETDL Appeal is to the Divisional Court – not the Court of Appeal

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What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”) was embroiled in litigation. The deceased and others had a beneficial interest in various properties which were legally owned by….

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Estate Administration, Estate Litigation, Trusts, Wills

Why Sound Estate Planning is more than Asset Distribution

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This blog was written by Justin Ecclestone, Associate Estate and Trust Consultant with Scotia Wealth Management   Coy Luther Perry “Luke Perry” died on March 4, 2019 at the age of 52. Luke Perry was a renowned Hollywood actor, widely known for his roles in Beverly Hills 90210, The Fifth Element, Buffy the Vampire Slayer, and more recently, his role in Netflix TV Series, Riverdale. Luke Perry suffered a very….

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Estate Administration, In the News, Wills

Could a “non-human person” ever be a beneficiary of a will?

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Today’s blog comes to you from Student-at-Law, Demetre Vasilounis. In 2013, the Government of India’s Ministry of Environment and Forests ignited a discussion in the international legal community by deciding to prohibit dolphinariums as well as any enterprise that involves the import or capture of cetacean species (dolphins, whales, porpoises) for the purposes of commercial entertainment. This was notable because the Ministry suggested that dolphins in particular should be seen as “non-human….

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In the News, Wills

Annulled Charities

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Annulment is one of those antiquated words the whispers “convenience” and “pragmatism”.  Failed or incomplete marriage?  Divorce not an option? A Church-granted annulment will set both partners free.  Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and the rules, as with marriage, are forgiving and practical. 206 Annulments The CRA database of registered charities currently lists 206 registered….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized, Wills

Passing of Accounts –Made to Measure (Law)Suits

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A passing of accounts is the process whereby an estate trustee (or other fiduciary) provides the beneficiaries with a summary of all estate assets, liabilities, and transactions, in a given period. A passing of accounts can be done informally or through a court application. It provides transparency to the beneficiaries and protection to the estate trustee. Because the role of estate trustee is often filled by family members with little….

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Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Wills
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