As Estate Lawyers, Power of Attorney Lawyers or even Wills and Estate Lawyers, we have to keep an eye on many different topics. Today we are going to explore the issue of ademption in Wills. First of all, a couple of terms found in wills. A “bequest” means leaving a specific item or an amount […]
Read MoreCOSTS IN ESTATE LITIGATION – YOUR BEHAVIOUR COUNTS
Be reasonable or the court will penalize you. Estate Litigation lawyers constantly struggle with these decisions. Justice Michael Valente lowered the hammer on a plaintiff who failed to act reasonably in an estate litigation matter. We are examining the Judge’s 2024 decision in Kurt v Kurt & Sullivan. The facts are muddled, but they are […]
Read MoreWilliams v Williams Estate Case Comment
IF you want to know what we as Estate Litigation Lawyers fight about read this blog. Madam Justice Bernadette Dietrich on August 15, 2023, had a chance to decide a very interesting case which came before the Toronto estates section of the Ontario Superior Court. One should note that Justice Dietrich is one of the pillars […]
Read MoreHOW DOES AN ESTATE END
As Estate Lawyers or Will and Probate Lawyers a question often asked is how does an estate end? How does the executor finish their work in administering an estate? The courts have held that there are two methods. Realistically there are three, going from the least to the most expensive. They are, ONE do nothing. […]
Read MoreHOW ARE EXECUTORS FEES CALCULATED
This is an issue in both non contentious estates as well as those that involve Estate Litigation, when people who have a financial interest in an estate fight. Many people do not realize that an executor may charge for their work in administrating an estate, especially one in which they are so appointed under a […]
Read MoreTHE FULL MONTY – WHO IS THE TRUSTEE?
Think of the trustees under the Full Monty differently from the Executors. Trustees is another name for both and it confuses everyone. Just use the term “Legal Puppet” for the Full Monty Trustees and “Executors” for the person or people that administer the will(s). The Legal Puppets are mere place holders and are added on […]
Read MoreWHY NAMING ALL OF YOUR CHILDREN AS EXECUTORS IS A BAD IDEA
In the short, only 24 paragraph long, but incredibly dense decision of the Alberta Court of Appeal in the Brodylo Estate, a number of legal and practical estate issues are put forward. The case stands for many propositions, but none more clearly than having more than one executor is a questionable idea unless there is […]
Read MoreWHAT IF THERE IS NO EXECUTOR
In November of 2023, Justice Graeme Mew rendered a very interesting decision in the case of the estate of Robert James. On its surface, it was a relatively straightforward filed over the counter application. This is an example of estate litigation at the very doorstep of the process. For those who are not regularly involved […]
Read MoreWHY THE “Full Monty” MUST BE DONE PROPERLY
The 2023 decision of Justice Robert Charney in Jackson v. Rosenberg is as the judge himself describes, “a Cautionary Tale for persons who might be tempted to use joint tenancy to avoid paying probate fees”. This is an example of Estate Litigation before there is even an estate. The case is a relatively long and […]
Read MoreWill Interpretation – The Armchair Rule
In the interesting Saskatchewan case of Gilchrist v. Gilchrist decided in September 2023 by Justice Curry, we have a number of legal issues and a family tragedy laying atop each other. The facts are relatively simple although quite sad. Within a family, a brother had been convicted of sexually assaulting his sister over a number […]
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