In the Ontario Superior Court decision in Drennan, the straight-talking straight-shooting Justice Fred Myers ,who appears repeatedly in these blog articles rightly punished one of the beneficiaries of an estate who had been appointed as its executor. The non-cooperative executor basically did nothing in the administration of the estate and allowed the mortgage on the […]
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Estate Lawyers, aka Will and Probate lawyers are often asked to help with an estate. It is also not common for a Will to be confusing. The case of Salmon v. Rombogh is an example of a clash of a new law versus old formalities. A legislative attempt was made to fill a perceived hole […]
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In the world of Will and Estate Lawyers or Wills and Estate Lawyers, it is extremely common for our office to encounter clients who feel that the modest fee we wish to charge for preparing wills is excessive and that they could do better by simply preparing their own Will. It is also not uncommon […]
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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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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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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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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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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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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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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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