While titling this blog article as part 620 is a bit tongue and cheek, there is some validity to that number. We have posted a number of blog articles on the presumption of resulting trust, (use the search window to find all of them) which all relate back to the 2007 decision by the Supreme […]
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More from the perspective of Will and Estate Lawyers. An executor is deemed to have a fiduciary obligation to the estate’s beneficiaries. A fiduciary relationship calls for the highest level of trust and responsibility upon an individual.. Sometimes an executor, often a family member, will want to buy one of the assets of the estate […]
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We have written a number of times on the legal concept of the presumption of resulting trust. Using the search function, you can easily locate them within our blog articles. This subject is unfortunately a great money maker for Estate Litigation lawyers. One of the client’s of our team of Will and Estate lawyers recently […]
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Will and Estate Lawyers commonly prepare for couples, Wills that may be described as mirror Wills. In that sense, the parties provide the very same provisions for the distribution of their estate. Commonly to each other and then their children. However, a Will is an individual document not a contract. Justice Cronk in the Ontario […]
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We continue to monitor the actions of our still missed partner the Honourable Mr. Justice Marvin Kurz. Recently one of his decisions was appealed to the Ontario Court of Appeal. Specifically the family law case of R. L. and M. F., which involved high income earners who were objecting to a $20,000 per month spousal […]
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Will and Estate Lawyers have to regularly discuss with their clients how much an executor is paid to administer an estate. In the June 9, 2025 decision of the Ontario Court of Appeal in Farmer v. Farmer by the Honourable Justices Lauwers, Miller and George they dismissed an appeal by an executor who had outrageously abused […]
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The March 2025 decision of Justice Joseph di Luca in Tyndall v. Noyes is a brief yet important reminder of several key issues frequently encountered by Will and Estate Lawyers and Estate Litigation Lawyers, particularly when it comes to interpreting Wills and dealing with the rights of surviving spouses. A common scenario is that of […]
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Wills and Probate lawyers have repeatedly addressed the presumption of resulting trust (just use our search function to find our blog articles on the topic). Simply a fancy term that just because ownership is registered in two or more names, that is not conclusive proof that the receipt by the survivor is what was actually […]
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Estate disputes can get intense, especially if someone is trying to hide or get rid of valuable assets. It can be frustrating and burdensome to deal with, but there is a solution that can give the tools to navigate these trying times. It is called a Mareva injunction. “What the heck is that?” is the […]
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In the fall of 2024, Justice Anette Casullo rendered an interesting decision on a complex real estate/estate question. Will and Estate Lawyers pay attention. In the case of Clements v. Emerson 2024 ONSC 4885, she dealt with a 24-year family saga about a parcel of land, which contained two buildings in Thorah, Ontario. During these 24 years, […]
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