All About Estates

Anna Alizadeh

Total 10 Posts Website

Anna was called to the Ontario Bar in June 2016. Prior to joining de VRIES LITIGATION LLP, she articled at a full service firm where she developed a strong background in litigation and alternative dispute resolution. Anna also worked on estate litigation files and estate planning matters, and co-authored a chapter on Physician Assisted Dying for Key Developments in Estates and Trusts Law in Ontario, 2015-2016 edition. She obtained her Honours Bachelor of Science in Psychology, with a minor in Biology, from York University, and her Juris Doctor from the University of Ottawa. While in law school, Anna participated in an exchange program in Paris, France, where she obtained her Certificate in French and European Union Law. Anna practices in the areas of estates, trusts and capacity litigation. She is fluent in Farsi and has a professional working proficiency in French.


What Will your Will Say? Part II

In a previous post, I shared with you a number of interesting (often odd) requests and bequests in a last will and testament.  Today, I share part two of some of the most interesting last wills and testaments in the last few centuries: Can we communicate with the dead? Harry…

Continue Reading

Sorry, you’re not invited

A party has a right to be present at all parts of the litigation process, including at examinations for discovery.  However, the court has discretion to exclude co-parties from attending at each other’s examination for discovery where there is a risk of evidence tailoring.  In the recent case of Boodhoo…

Continue Reading

What Will Your Will Say?

A last will and testament can often provide insight into a person’s final fortunes, thoughts, and wishes, right down to who should receive his or her hair strands.  For today’s blog, I decided to research fascinating (and sometimes questionable) provisions in last wills and testaments.  I share with you some…

Continue Reading

Advance Directives and Medical Assistance in Dying

An advance directive is a document setting out an individual’s wishes for future medical treatment, most often for treatment in the event of incapacity or unconsciousness.  For example, individuals can outline their wishes with respect to withdrawing, withholding, or providing lifesaving treatment (such as feeding tubes or “Do Not Resuscitate”…

Continue Reading

Dementia does not Preclude Testamentary Capacity

Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However,…

Continue Reading

Replacing an Estate Trustee

With minimal restrictions, a testator can appoint whomever they wish as their estate trustee.  However, as our avid readers may know, a testator does not always make the best choice.  In such cases, section 5 of Ontario’s Trustee Act gives the court the power to appoint a new estate trustee…

Continue Reading

Credibility is in the Eyes of the Judge

I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down…

Continue Reading

“Intergenerational Living: Free Rent for Students and Socialization for the Elderly”

My colleague, Audrey Miller, recently blogged about the trend in adult children looking for someone to live with their elderly parent in exchange for free rent (albeit the living arrangement may require light caregiving). In her blog, Ms. Miller highlighted the costs associated with care provided by care agencies, and…

Continue Reading

A Gift or not a Gift? That is the Question

Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage…

Continue Reading

Challenging a loved one’s Will? You’re gonna need evidence

The recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate…

Continue Reading