All About Estates

Justin de Vries

Total 41 Posts Website
Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues. Email: jdevries@devrieslitigation.com

Summary Judgment Motions and Fraudulent Concealment

Justice Newbould wrote an interesting and comprehensive decision regarding the two year limitation period under section 38 of the Ontario Trustee Act.  It seems that the two-year limitation period may not be as infallible as estate litigators think. Nancy Wagg had three children – Anita, Yvonne and John.  Nancy was…

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Welcome to the new All About Estates!

Welcome to the brand new All About Estate’s website!  With a new president and a new year, we decided we needed a new look.  We have vamped up the website with pictures and a modern aesthetic.  Our bloggers have not changed and we will continue to provide you with a…

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Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed.

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When Will the Court Order an Estate Trustee to Pass his/her Accounts?

A court application to pass accounts can be a costly and time consuming procedure. As such, courts may be reluctant to order one without a compelling reason.

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Correcting a Mistake in a Will – What did the Testator Intend

Elizabeth Ann McLaughlin died at the ripe old age of 98.  She was predeceased by her husband.  Together they had six children, including Daniel.  Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death,…

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Court Guidelines for Physician Assisted Death

In light of the recent decision of the Supreme Court of Canada granting the Federal Government an additional 4 months to draft and pass physician assisted death legislation, the Ontario Superior Court of Justice has released practice directions for the legal profession and the public where a court order is sought allowing a patient to take his/her own life with the help of a doctor. This blog discusses those guidelines.

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Family Holiday and Family Strife – Kissing Cousins?

Justin de Vries shares his Yuletide musings on family conflict and the inevitability of litigation.

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Gifting and Incapacity – A Cautionary Tale

Parents are living longer and gifting money to their children before they die or by way of a last minute will. Distrust and disbelieve inevitably arise. The courts are called upon more and more to settle family disputes with all of the attendant rancor and costs. The case of Foley v. McIntyre helps sorts out some of the legal issues.

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LIFE … Death & Taxes

Today’s blog is written by guest blogger Katherine Downey. Katherine is a professional educator and licensed funeral director specializing in prepaid funeral planning. She can be reached at (905) 717-9197 or at (905) 399-5341. Email: katdowney@legacymatters.ca. Website: www.legacymatters.ca You have died. Over the next few days what will that look…

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Assessing a Lawyer’s Accounts

The issue before the Court of Appeal was whether clients, have represented to a court for the purpose of fixing the costs of an injunction application that the accounts rendered by its former solicitors were reasonable, can later apply to another court for an order permitting assessment (i.e. a formal review) of those accounts.

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