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…
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.
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.
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,…
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.
Justin de Vries shares his Yuletide musings on family conflict and the inevitability of litigation.
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.
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…
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.
Starting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000. While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly…
