Estate Administration Tax: A Taxing Dilemma

It is no surprise that a large proportion of the estate litigation files that we see result from someone who is now incapable or deceased and who waited too long to plan his or her estate, leaving their relatives to deal with the aftermath.  What may be less obvious, however, is that a lot of … Continued

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Excellence in Trusts and Estates Law: Otis v. Otis

In May of this year, several members of our firm had the pleasure of attending the Ontario Bar Association Trusts and Estates Law Section’s year-end dinner, at which the Award of Excellence in Trusts and Estates Law was presented to the Honourable Maurice Cullity, Q.C.  I can think of no more worthy candidate for the … Continued

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Ironclad Incapacity Planning

Tony Stark, the billionaire genius playboy philanthropist better known to the world as the Marvel Comics superhero, Iron Man, has been severely injured and is now in a coma.  This has unfortunately rendered him unable to manage his business empire, known as Stark Industries. Fortunately, Stark had a plan in place to ensure that everything … Continued

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The Modern Approach to Costs in Estate Litigation

Once upon a time, it was thought that costs in estate litigation could usually be expected to come from the estate.  On the one hand, this gave parties with limited resources access to the machinery of the justice system, knowing that their legal fees were likely to be reimbursed at the end, win or lose.  … Continued

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Due Execution: Form Before Substance

In Ontario, the formal requirements for making a will must be strictly observed.  Whereas other provinces have legislation that allows a Court to cure deficiencies in the formal execution of a will, Ontario’s Succession Law Reform Act (the “SLRA”) does not have any such provision.  This can sometimes lead to disheartening results when a person … Continued

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Bond… Administration Bond

Applying for a Certificate of Appointment of Estate Trustee can sometimes feel like a bit like a spy thriller.  The process can be full of twists and unexpected surprises that can frustrate The Living Daylights out of an applicant. When an Administration Bond is Needed One difficulty that can arise is the requirement that an … Continued

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