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

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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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