Diane Vieira Archive


Email: dvieira@devrieslitigation.com

Site: http://www.devrieslitigation.com

About: Diane has practiced in the area of estate, trust and capacity litigation since she was called to the Ontario Bar in 2006. She obtained her law degree from Queen’s University after completing an Honours Bachelor of Arts degree from the University of Toronto. She is a member of the executive of the Trusts & Estates Section of the Ontario Bar Association and a member of the Toronto Lawyers Association.

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What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...

Passing of Accounts: Adjusting an Estate Trustee’s Compensation

Monday, January 5th, 2015

In a recent passing of accounts case, the court reduced the estate trustee’s compensation for the following reasons: No compensation should be charged on investment losses listed as capital disbursements; The costs connected to the sale of real property (real estate commission, property taxes, and legal fees) are not to be included ...

Alcoholism Alone Not Enough to Negate Testamentary Capacity

Monday, November 17th, 2014

In daBalinhard, the Saskatchewan Court found that a history of alcoholism, short term memory loss and unusual behavior was not enough to sustain a will challenge. After a forty-year marriage, the testator, John, and his wife, Shirley, separated on August 16, 2011.  Two months after their separation, John executed a new ...