Partner Holly LeValliant Speaks on in terrorem Clauses at LSO Estate Law Event

Our partner Holly LeValliant gave a talk on in terrorem clauses at the Six Minute Estate Lawyer event held by the Law Society on April 29th. In plain English, in terrorem clauses are stipulations in Wills that make bequests conditional upon the recipient not taking certain actions. They are most often used to prevent beneficiaries from challenging … Continued

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Beware of the Font Fraudster!

Beware of the Font Fraudster! He/she is lurking around every corner, or, more fittingly, around ever matter. In McGoey (RE), a commercial litigation matter, a bankrupt telecom executive attempted to shield two properties from creditors by asserting that they were held in trust for his children. There were even trust documents purporting same! The documents … Continued

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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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Taxing Tax Issues for the Sole and Small Firm Lawyer

There 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

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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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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

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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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