Court Orders Minor’s Funds be Paid into Court
Court Orders Minor’s Funds be Paid into Court Continue Reading »
Estate Administration, Estate Planning, GuardianshipDiane Vieira
Estate Trustee Awarded Costs for Unnecessary Passing of Accounts
In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts. The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately found that the application was unnecessary and awarded the estate trustee his costs payable by the Beneficiaries. In his will,….
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Costs, Passing Of Trustees’ and Executors’ AccountsLCO Releases Report on Capacity, Decision-making and Guardianship Laws
Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and the Mental Health Act (“MHA”). The report makes 58 recommendations to address issues such as financial elder abuse, misuse of….
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Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship DisputesCourt of Appeal Confirms New Approach to Costs in Estate Litigation
In a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal. At trial, the appellant was found to be the deceased’s common law spouse and was awarded $30,000 from his estate. However, the trial judge was frustrated with the lack of disclosure….
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Contested wills, WillsLegal Advocacy for Canada’s Aging Population
Twenty years from now seniors are expected to account for 25% of Canada’s total population. How will the legal community meet the needs of Canada’s aging population?….
Legal Advocacy for Canada’s Aging Population Continue Reading »
Elder Care, Elder Law, Estate Planning