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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Rebutting the Presumption of Resulting Trust and Undue Influence

Friday, June 5th, 2015

In Foley (Re), the Court of Appeal was asked to overturn a trial judge's findings that there was sufficient evidence to rebut both the presumption of resulting trust and allegations of undue influence with respect to a father's inter vivos gifts to his daughter.  The Court of Appeal dismissed the ...

Warring Trustees: More isn’t Always Better

Monday, April 13th, 2015

Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property.  Often a testator will choose two or more of their children to act as co-estate trustees.   They may feel that it would offend one of their children to not appoint them as ...

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 ...