All About Estates

Jacob Kaufman

Total 27 Posts Website
Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat. Email: jkaufman@devrieslitigation.com

Supreme Court Blesses Henson Trusts

The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The…

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Changes in the Estates World in 2019

All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2019. As we start the new year, here are some changes estate litigators should be aware about as well as some upcoming developments. The Rules of Civil Procedure have been amended (the changes…

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Interpreting “Per Stirpes” In Ambiguous Wills

“The ghosts of dissatisfied testators,” a Chancery judge once noted, “Wait on the banks of the Styx for the judges who misconstrued their wills.” As such, the court will take great care to ensure that wills are properly interpreted, even if they are oblique or confusing. This was the situation…

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It’s All About The Benjamin Orders

Did William die? If so, when? These were the central issues addressed in Steele v. Smith, 2018 ONSC 4601. There, the Court had to consider whether the estate trustee of William’s sister’s estate should receive a “Benjamin Order”, permitting the estate trustee to distribute the residue of her estate as if…

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Support, Shoes and Social Media

How much interim dependant support is too much? When can interim legal fees be ordered? And can young people be stopped from posting on Instagram? Justice Pattillo had to consider these question in Zavet v. Herzog, 2018 ONSC 3398. The deceased, a wealthy real estate developer behind many of Toronto’s…

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An Intriguing Will Challenge

In Koster v. Koster, the Deceased’s nieces and nephews challenged his last will on the grounds of undue influence. There is nothing unusual about a will challenge in these circumstances, the Deceased was a very wealthy man who changed his will in the twilight years of his life. What was…

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Chapter Two in the Family Farm Saga

The case of John the Farmer (which I had previously blogged about) is now under appeal. John  is seeking to overturn the ruling that he had to vacate the family farm so it could be sold on the open market. A judge rejected John’s request to stay the lower court’s…

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Supreme Court likely to leave Henson Trusts alone

A month from now, the Supreme Court of Canada will hear a case that may provide some guidance on the issue of what interest a beneficiary of a discretionary trust has in that trust. The high court has granted leave to appeal in the case of S.A. v. Metro Vancouver…

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Buying the (Family) Farm?

This blog was co-authored with Ronald Neal, student-at-law. John the Farmer wanted to buy the family farm after his mother died. His siblings wanted to sell it on the open market. In Janicek v. Janicek, 2018 ONSC 681, the court had to decide which outcome the will dictated. Background The…

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2018: The Year of the Ultimate Limitation Period

All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2018. But 2018 must also be a year of vigilance: it is the last year that most historical claims (i.e. claims arising from events that occurred before 2004) can be brought before…

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