All About Estates

Jacob Kaufman

Total 20 Posts Website
Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat. Email:

Supreme Court likely to leave Henson Trusts alone

A month from now, the Supreme Court of Canada will hear a case that may provide some guidance on the issue of what interest a beneficiary of a discretionary trust has in that trust. The high court has granted leave to appeal in the case of S.A. v. Metro Vancouver…

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Buying the (Family) Farm?

This blog was co-authored with Ronald Neal, student-at-law. John the Farmer wanted to buy the family farm after his mother died. His siblings wanted to sell it on the open market. In Janicek v. Janicek, 2018 ONSC 681, the court had to decide which outcome the will dictated. Background The…

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2018: The Year of the Ultimate Limitation Period

All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2018. But 2018 must also be a year of vigilance: it is the last year that most historical claims (i.e. claims arising from events that occurred before 2004) can be brought before…

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You can’t gift what you don’t have

Kindly Arlindo Teixeira took care of his elderly neighbour Mary Markgraf. Mary died shortly after writing a large cheque to Arlindo which could not be cashed due to insufficient funds. In Teixeira v. Markgraf Estate, 2017 ONCA 819, the Court of Appeal upheld the application judge’s ruling that this gift…

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CourtCalling The Bar

A remote court appearance service has been approved for use on the Estates List. Under the Rules of Civil Procedure there has always been the ability to conduct certain court appearances via videoconference. However, court approval has always been required (and the consent of the parties, unless the videoconference was…

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Estates Administration Act Thwarts Dependant Support Claim

In MacDonald v. Estate of James Pouliot, 2017 ONSC 3629, the court considered a constructive trust and dependant support claim against an intestate estate. While the court granted a constructive trust, it dismissed the dependant support claim as the property at issue had already automatically vested in the beneficiary pursuant…

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Court of Appeal Limits Dependant Support Claw Back

The family law bar must be breathing a sigh of relief after reading the Court of Appeal’s decision in Dagg v. Cameron Estate, 2017 ONCA 366. Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out…

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Is Probate Required To Appear Before Tribunals?

Does an estate trustee have to apply for probate in order to represent the estate before an administrative tribunal? Two administrative tribunals – the Workplace Safety Insurance Appeal Tribunal and the Humans Rights Tribunal have taken different positions. An estate trustee does not always require probate (the formal term is…

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Appeal Court: Fraudulent Concealment Stopped the Clock

I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the…

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