Succession Law and Children Born Out of Wedlock

Our society’s understanding of marriage, relationships, and children has changed over the years. This is reflected by the law in many ways, such as through child and spousal support laws, or gay marriage for example. However, just because the times have changed does not mean that past actions have necessarily changed with them. Take for … Continued

Read More

The Doctrine of Unconscionable Procurement – Back From the Dead?

After 100 years – a century – the buried doctrine of unconscionable procurement has been resurrected. Born in England during the 1800’s, the equitable doctrine was used to challenge and undo inter-vivos or lifetime gifts. Moreover, when significant transfers of wealth were made during one’s lifetime, and the following two requirements were met, the law … Continued

Read More

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 the exact terms of the minutes of settlement (or contract) and the delays by the exchange of drafts back and forth, between the parties’ respective lawyers. This begs the question: at what point is the … Continued

Read More

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 before the Court of Appeal in Brown v Rigsby. The Original Decision The original action was brought by the children of the deceased against their mother’s estate trustees, seeking the removal of the estate trustees, … Continued

Read More

Inquiries

Questions? Send us an email

Fields marked with an * are required
2016 Eisen Law, All rights reserved. Privacy Policy, Disclaimer Website designed and managed by Umbrella Legal Marketing