Ali v. Fruci Reboot

Thursday, January 15th, 2015

The familiar characters from the Ali v. Fruci decision dealing with attorney accounts are back in this decision from the Court of Appeal dealing with Ali’s appeal of a lower court’s decision to dismiss her Will Challenge (in Blackburn’s estate) for delay. Estate law practitioners should be familiar with this decision ...

Instructions Written to Your Lawyer can in fact be a Will

Wednesday, January 7th, 2015

In the right case hand written instructions can be found to be a Will. Case law has evolved in the context of hand written instructions to lawyers and the companion issue of solicitor negligence. In general, the case law says that as long as there is a deliberate and intentional expression ...

A Reminder When calculating Trustee Compensation

Monday, December 15th, 2014

Pascale v. Stark a recent decision of Justice Douglas reviews (in some cases based on old decisions and the Jenkins’ textbook) some estate trustee compensation issues when calculating compensation. The estate trustee made application to pass her accounts and passed away before responding to the Notice of Objections so that the ...