All About Estates

Category: Trustee Disputes

Total 14 Posts

The Living Hands that Control the Graves

As a law student, my trust law professor brought in a “dead hand” to help us remember the rule against perpetuities. The prop was effective: I have not forgotten that the rule stops trust property from being governed indefinitely from “beyond the grave.” While principles of trust law helpfully prevent…

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Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential

Over the past year, the saga of billionaire Sumner Redstone’s estate and capacity fight has continued to play out in the United States. Redstone, an American media magnate, was the subject of a lawsuit brought by Manuela Herzer, a former girlfriend. Herzer alleged that the CBS Corporation and Viacom owner…

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Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference

The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased need for a neutral party to preserve the assets of the estate during the course of such litigation.

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RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL II: A View from the CRA Bridge!

Last fall I wrote about the Supreme Court of Newfoundland and Labrador being asked to rule on the specific issue of residency which would have significant tax implications to the trust depending on the Court’s determination. In Discovery Trust vs Canada (National Revenue), 201201G6615, at issue was whether a trust…

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Pre-Death POA Disputes

I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices.  That rather unseemly development is this:  expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money. …

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Nobel Peace Prize’s Breach of Trust?

Norwegian lawyer Fredrik Heffermehl thinks the Nobel Foundation has blatantly ignored the intentions of Alfred Nobel for his namesake Peace Prize. Nobel’s will stipulated that the prize be awarded to the ”most worthy champions of peace”. Specifically it should go to “the person who shall have done the most or…

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CRA Collections: Dealing With Some of the Myths

As a trustee or executor of an estate, you may find yourself managing existing or future tax disputes with the Canada Revenue Agency (“CRA”) and the collections department of the CRA at the same time. In a blog written by Peter Aprile of Countertax Lawyers entitled the Canada Revenue Agency…

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Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Discovery of an attorney for property’s action in a will contest case

Are your actions as attorney for property relevant and therefore discoverable in a will challenge case?

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In the case of discretion, absolute is not absolute.

It is trite to say that once a trustee is appointed and accepts the office, s/he becomes subject to the duties and powers of that office. A trustee’s liability, in the event that he is found to have breached his/her duties, or exceeded his/her powers, is personal.

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