The cy-près doctrine sounds formidable. However, it is an invaluable tool to ensure that the charitable intent of a testator is respected despite the changing sands of time.
Where death is imminent, careful tax planning with dividends for the shareholder of a private corporation may return benefits to the estate and beneficiaries of the estate.
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.
Most of us want to live in our own homes for as long as possible. Keeping the home free from tripping hazards is one way to promote independence.
Can an estate sue another estate for exemplary damages?
While many of us our familiar with the general dynamics of the financial abuse of elders, and, may in fact have engaged in planning in an effort to thwart such abuse or in litigation resulting from such abuse, most “estate professionals” are much less familiar with the role law enforcement plays with respect to the issue.
A recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate.
With an aging population and a strained social support system, many of us will be looked upon to provide some amount of financial support for an elderly person which, in some cases, may place a financial strain on the supporting individual. Not to be overlooked is the tax relief provided…
A recent news report by the Wall Street Journal details the latest turn in a high profile litigation regarding the multi-billion dollar estate of Hong Kong heiress Nina Wang.
My colleague blogged previously on collaborative law as an approach to consider in resolving estate disputes. I think this is a perfect topic for Valentine’s Day.
