Archive for the ‘Estate Litigation’ Category

Creativity Can Kill: Striking Out Pleadings

Friday, January 30th, 2015

A decision of the Ontario Superior Court, Catford v. Catford 2014 ONSC 135 demonstrates the importance of getting pleadings right. In this case, the plaintiff sued his niece for β€œ$670,000 or such other sum as may represent one-third of the Catford family estate”. The facts pled in support of this ...

NEW ESTATE INFORMATION RETURN: ADDITIONAL NOTES OF CAUTION

Thursday, January 29th, 2015

In a recent blog – just in time for the holidays as the blogger put it – executors and prospective executors were alerted to the requirement in Ontario for a new estate information return to be filed in addition to an application for a Certificate of appointment of Estate Trustee ...

Are 36 Months Enough?

Friday, January 23rd, 2015

With the passage of the new estate donation rules by Parliament on December 16, 2014, the anxiety level in the estate planning community started to rise. The issue generating concern is the 36-month time period after death to distribute "estate donations" to charity, which is also known as the ...