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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…

Heads Up! You’ve got a Deal: Prince v. Nytschyk Estate

In Estates litigation, it is not uncommon for parties to be close to settlement, but are stymied by haggling over…

What Happens to the Estate When Someone Dies Without a Will (Intestate): A Primer

When a person dies without a will, they are said to have died intestate. In Ontario, Part II of the…

Where’s Waldo: What can be done when a beneficiary of an estate cannot be located?

An estate trustee has a duty to locate and notify all of the beneficiaries of an estate. But what happens…

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…

Costs Denied: Executors Behaving Badly Must Pay

When will an Estate Trustee (also known as an Executor) be responsible for her own costs? That was the issue…

An attorney’s powers under insurance policies: Who can really change a beneficiary designation?

To what extent can an appointed attorney act under an insurance policy and change a beneficiary designation? In the case…

Bond… Administration Bond

Applying for a Certificate of Appointment of Estate Trustee can sometimes feel like a bit like a spy thriller.  The…

The Case for Medical-Assisted Suicide in Canada: Who Decides? A.B. v. Canada (Attorney General)

The Supreme Court of Canada,  Carter v. Canada (Attorney General), found that sections 14 and 241(b) of the Criminal Code, which prohibited…

Public Policy Restrictions on a Testator’s Private Dispositions: Spence v. BMO Trust

Should a will be set aside where a beneficiary was excluded for reasons which were racially motivated? Should third party…