All About Estates

Justin de Vries

Total 45 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

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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Ethics and Lawyers

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…

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Be Careful What You Wish For – You Just Might Waive Solicitor-Client Privilege

Today’s blog is written by Gillian Fournie, an associate at de VRIES LITIGATION. The recent Ontario Superior Court decision of Lamoureux v Lamoureux illustrates the care with which clients and counsel must take when submitting evidence to court. Without proper forethought, a party may unintentionally waive solicitor-client privilege. André Lamoureux…

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What’s My Share?

Gail Evans died intestate on July 30, 1992.  She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton.  Carlton was the administrator (i.e. estate trustee) of Gail’s estate.  The parties agreed Carlton was entitled to a preferential share of $75,000…

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Love in the Age of Expectation

In two cases decided in 2010, the Court considered whether it was appropriate for an attorney for property to pay herself for care services provided to an aging parent

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Ontario Court of Appeal Considers When is a Gift Not a Gift

In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Man vs. Beast

The testator disinherited her only son who was 51 years old and suffered from Hepatitis C. The son sought an order that adequate provision be made for his proper maintenance and support from his mother’s estate. A good discussion of the principles of dependant support.

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