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
Read MoreIn 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
Read MoreThe Courts in Toronto have introduced a new tool, with the intention of making proceedings more accessible and less costly for people using the system. Video conferencing will now be available for 9:30 am appointments on the Estates List in the Toronto Region. Consent or unopposed matters and scheduling orders in Toronto Estates List matters … Continued
Read MoreTony 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
Read MoreOnce 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
Read MoreIn 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
Read MoreApplying 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
Read MoreWhen more than one estate trustee is named in a will, it often happens that one takes charge and the others trust in him or her to act appropriately. This can be dangerous for the “passive” estate trustee. As a recent case illustrates, an estate trustee is required to do more than simply rely on … Continued
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