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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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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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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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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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 […]
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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 […]
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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 […]
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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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In the summer of 2023, Justice Mandhane of the Ontario Superior Court decided a case that related to a family argument between a widowed mother and one of her adult sons. As is quite common, the Sidhu family occupied a home in Brampton in which not only the grandmother, the registered sole owner of the […]
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The following has been brought to our attention by our former and still greatly missed partner, the now Honourable Mr. Justice Marvin Kurz of the Ontario Superior Court. Justice Kurz remarked “I used to deliver the New York Post when I was a kid in Forest Hills. Now I am mentioned in that very paper.” […]
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