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 MoreHow do the Courts handle drafting errors in wills? While the general rules is that an individual’s last will and testament may not be overwritten or altered so as to distribute their estate in any manner other than as the testator described in their will, the equitable power of rectification may be employed by a … Continued
Read MoreEffective September 1, 2017, Ontario has relaxed some of the asset limits and other rules required for individuals to be eligible for benefits under the Ontario Disability Support Program (“ODSP”). The changes are generally seen as long overdue, given the ever-rising cost of living and difficult in finding affordable housing (in the GTA especially). The … Continued
Read MoreIn a recent decision, the Honourable Justice Myers held that the typical Orders Giving Directions that estate litigation lawyers seek to allow the parties to produce documents are ”lengthy, intrusive, expensive documentary collection and investigation proceedings that can last for the better part of a year or more.” What Happened? The background facts in the … 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 MoreUnder Section 61(1) of the Succession Law Reform Act (“SLRA”), an application for dependant’s support is required to be made within 6 months from the time that the estate trustee or executor gets probate for the estate. The legal term for “probate” is when a Certificate of Appointment of Estate Trustee is issued by 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 MoreWhen deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney(s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if … Continued
Read MoreThere are various Tax minefields that I continuously come across in the course of my practice as an Estate Litigation Lawyer, a lawyer who sues other lawyers for tax errors that cause losses and as an Estate Trustee/Guardian/ Attorney for Property. I am far from being a Tax expert and specifically advise my clients that … Continued
Read MoreHistorically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued
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