Estate Litigation

Total 407 Posts

Where have all the sensible litigants gone?

• • 0 Comments

As a lawsuit winds its way through the courts, more often than not procedural disputes pop up – timetables, disclosure obligations, the scope of examinations of witnesses: these are all areas ripe for disagreements between counsel (and often little understood by clients). The courts generally expect counsel to sort these matters out between themselves. In fact, the Toronto Commercial List has established “three C’s” which counsel are expected to adhere….

Where have all the sensible litigants gone? Continue Reading »

Estate Litigation

Henson Trusts

• • 0 Comments

Qualifying for support under various government disability programs in the form of cash payments or benefits often means that a recipient must have income and assets below a certain level. Without careful planning an intended inheritance may unintentionally serve to cut off a beneficiary’s government support. A Henson Trust allows for the assets of the deceased to pass to a special trust, and not be counted in the disabled assets….

Henson Trusts Continue Reading »

Canada Revenue Agency, Estate Litigation, Estate Planning, Executors, Tax Issues, Wills

Fiduciary Investing Series – How to avoid compounding liability in trust accounts

• • 1 Comment

This blog has been written by Robert Boyd, Director, Scotiatrust. The blog is the first in a series focusing on Fiduciary Investing that will cover a range of practical topics. When one approaches the topic of fiduciary record keeping, there is room for forgiveness for those who tune out (or nod off). It’s not a topic that gets people excited, although the litigation that can occur from incorrect management of….

Fiduciary Investing Series – How to avoid compounding liability in trust accounts Continue Reading »

Estate Administration, Estate Litigation, Executors, Liability

Meeting the Will Challenge Threshold

• • 1 Comment

Today’s blog was written by Christina Papadopoulos, an articling student with de VRIES LITIGATION LLP. What is the minimum level of evidence to be met before a court allows a will challenge to proceed? The recent Ontario Superior Court of Justice decision in Naismith v. Clarke, 2019 ONSC 5280 (“Naismith”) sets out a useful overview for the circumstances under which a court may allow a will challenge to move forward…..

Meeting the Will Challenge Threshold Continue Reading »

Contested wills, Estate Litigation, Testamentary Capacity, Wills

Inadequate Execution of a Will led to Court Dispute

• • 0 Comments

In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm by his friend, Ms. Bayford. Under a will made by Mr. Boese two years earlier, the farm property was to….

Inadequate Execution of a Will led to Court Dispute Continue Reading »

Contested wills, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Power of Attorney, Uncategorized, Wills

One Will, Two Versions

• • 0 Comments

Bayford v. Boese is an interesting case which serves as a reminder of the statutory requirements for due execution of a will. It also provides a thorough analysis of how judges dissect a witness’ evidence and generally determine who to ultimately believe at trial. Bruce Boese (the “Deceased”) was the sole owner of a 22-acre farm in Arnprior, Ontario (the “Farm”) when he died in June 2015. The Deceased executed….

One Will, Two Versions Continue Reading »

Contested wills, Credibility, Estate Litigation, Executors, Wills
Scroll to Top