Estate Litigation

Total 407 Posts

Estates Law and Privacy Law: An Incomplete Intersection (Part I)

Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Uncategorized, Wills

Yet Another Family Cottage Feud

In summertime cottages are the delight of everyone. But that dreamy cottage can turn into an estate litigation nightmare, as one family discovered in Donaldson v. Braybrook, 2020 ONCA 66. Margaret had four children: Wendy, Susan, Thomas and Barry. She allowed them all generous access to her cottage. In fact, Margaret was so committed to providing this access to the cottage that she moved into the apartment over its garage….

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Cottage, Estate Litigation

A note on Crypto Currency

Wikipedia defines cryptocurrency (or crypto currency) as a digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets. Cryptocurrencies use decentralized control as opposed to centralized digital currency and central banking systems. The decentralized control of each cryptocurrency works through distributed ledger technology, typically a blockchain, that serves as a….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Investments, Trusts, Uncategorized, Wills

The New Simplified Procedure Rule (Rule 76)

Since it was enacted in 1996, Rule 76 of the Ontario Rules of Civil Procedure has provided for a simplified procedure to streamline claims of relatively modest monetary value. The goal remains to reduce legal costs and speed up the administration of justice. The Government of Ontario made significant changes to the simplified procedure rule effective January 1, 2020 in an effort to increase claims proceeding under Rule 76. These….

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Estate Litigation, In the News, Practice Management

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….

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Contested wills, Estate Litigation, Uncategorized, Undue influence, Wills
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