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
Legal Advice for Beneficiaries from Experienced Toronto Estate Lawyers
If you have been named a beneficiary of a trust or estate, or in a will, you may wish to consult with an estate lawyer in order to fully understand your interests, and ensure that your rights are fully protected.
Have you been named a beneficiary in someone’s will?
As a beneficiary, the executor or the trustee of the estate owes you a fiduciary duty of care, and is obligated to always act in good faith and with integrity, and to make decisions that are in the best interest of you and any other beneficiaries that are named or may exist. The executor or trustee must remain impartial at all times and cannot make decisions that benefit himself/herself, or which benefit a specific beneficiary to the detriment of another beneficiary.
If you have been named a beneficiary in the will of a friend, relative, or loved one, it is important to obtain legal counsel early to ensure that you understand what you are entitled to, and ensure that your interests are safeguarded throughout the probate process. You may also wish to take legal action if you feel that your interests have been improperly protected, that the estate has been mismanaged, or that there has been a breach of fiduciary duty.
Contact Eisen Law for a consultation if you have been named a beneficiary
At Eisen Law, we pride ourselves on our empathetic and sensitive approach to what can be a complicated and emotional area of law. We have many years of experience in assisting individuals in understanding their rights, protecting their interests, and ensuring that they are being treated fairly. Call us at 416-591-9997 or contact us online to set up a consultation with one of our knowledgeable and skilled lawyers.
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Latest news and posts from the Eisen Law blog
The family home can often be one of the most valuable items, both emotionally and financially, in an estate. Determining what will happen to a family home can be an incredibly important aspect of proper estate planning. Of course, in all areas of the law, there are always considerations that can complicate what one thinks … Continued
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