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Insane Delusions

Insane
Date: 13 May, 2024| Author: Fred Streiman

In another blog article we commented on the Roe v. Roe decision by Justice Tamara Sugunasiri Where the Responsibility Lies in a Will Challenge.  Today we are going to look at one specific aspect of that decision and canvass the concept of Insane Delusions. This rather ancient and strange phrase arises from the legal fountain […]

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A BLOG TO DRIVE AWAY BUSINESS

A blog to drive
Date: 13 May, 2024| Author: Fred Streiman

As Estate Lawyers, aka Estate Litigation Lawyers known in the USA as Estate Litigation Attorneys we cannot help but observe the human condition.  Our hope is one will find helpful information among the many blog articles posted on our website and to hopefully convince potential clients that we have some degree of knowledge about the […]

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WHERE THE RESPONSIBILITY LIES IN A WILL CHALLENGE

Dale
Date: 10 May, 2024| Author: Fred Streiman

Estate litigation lawyers have to keep a close eye on the scales of justice. In essence, the responsibility as to who has to prove what, keeps swinging back and forth throughout a trial. Perhaps this blog is a little too technical, but I thought it might be helpful for those considering launching a Will challenge […]

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POWER OF ATTORNEY

POWER OF ATTORNEY
Date: 29 Mar, 2024| Author: Fred Streiman

We had earlier looked at The Substitute Decisions Act, which is the important act that governs the use of Powers of Attorney.  It contains the law with respect to the use of a Power of Attorney for property. Some of us might be surprised to find that an attorney appointed under a Power of Attorney […]

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ADEMPTION

ADEMPTION
Date: 28 Mar, 2024| Author: Fred Streiman

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 […]

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COSTS IN ESTATE LITIGATION – YOUR BEHAVIOUR COUNTS

COSTS IN ESTATE LITIGATION – YOUR BEHAVIOUR COUNTS
Date: 25 Mar, 2024| Author: Fred Streiman

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 […]

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Williams v Williams Estate Case Comment

Williams v Williams Estate Case Comment
Date: 23 Mar, 2024| Author: Fred Streiman

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 […]

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HOW DOES AN ESTATE END

HOW DOES AN ESTATE END
Date: 22 Mar, 2024| Author: Fred Streiman

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.  […]

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HOW ARE EXECUTORS FEES CALCULATED

HOW ARE EXECUTORS FEES CALCULATED
Date: 28 Feb, 2024| Author: Fred Streiman

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 […]

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THE FULL MONTY – WHO IS THE TRUSTEE?

The full monty- who is the trustee
Date: 19 Feb, 2024| Author: Fred Streiman

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 […]

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