All About Estates

Justin de Vries

Total 34 Posts Website
Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues. Email: jdevries@devrieslitigation.com

The Utility (or lack thereof) of Extrinsic Evidence When Interpreting a Will

This blog is written by Ronald Neal, student-at-law. Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]….

Continue Reading

The Litigator’s Holiday Medley

It is that time of year again… “the Most Wonderful Time of the Year” as that well-loved refrain goes.  Lawyers and other professionals can get awfully serious about what they do when it comes to estate planning, litigation, and administration.  So in an attempt to offer some levity in this…

Continue Reading

When is a Minor a Major or Super Minor and What Does it Mean?

At law, a child under the age of 18 is considered a party under disability (i.e. a “minor”).  As a result, a minor is treated somewhat differently by the courts.  For example, a minor must be represented by a court appointed litigation guardian in civil court proceedings.  In addition, limitation…

Continue Reading

Summary Judgment Motions and Fraudulent Concealment

Justice Newbould wrote an interesting and comprehensive decision regarding the two year limitation period under section 38 of the Ontario Trustee Act.  It seems that the two-year limitation period may not be as infallible as estate litigators think. Nancy Wagg had three children – Anita, Yvonne and John.  Nancy was…

Continue Reading

Welcome to the new All About Estates!

Welcome to the brand new All About Estate’s website!  With a new president and a new year, we decided we needed a new look.  We have vamped up the website with pictures and a modern aesthetic.  Our bloggers have not changed and we will continue to provide you with a…

Continue Reading

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed.

Continue Reading

When Will the Court Order an Estate Trustee to Pass his/her Accounts?

A court application to pass accounts can be a costly and time consuming procedure. As such, courts may be reluctant to order one without a compelling reason.

Continue Reading

Correcting a Mistake in a Will – What did the Testator Intend

Elizabeth Ann McLaughlin died at the ripe old age of 98.  She was predeceased by her husband.  Together they had six children, including Daniel.  Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death,…

Continue Reading

Court Guidelines for Physician Assisted Death

In light of the recent decision of the Supreme Court of Canada granting the Federal Government an additional 4 months to draft and pass physician assisted death legislation, the Ontario Superior Court of Justice has released practice directions for the legal profession and the public where a court order is sought allowing a patient to take his/her own life with the help of a doctor. This blog discusses those guidelines.

Continue Reading

Family Holiday and Family Strife – Kissing Cousins?

Justin de Vries shares his Yuletide musings on family conflict and the inevitability of litigation.

Continue Reading