All About Estates

Jacob Kaufman

Total 55 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

Interpreting “Per Stirpes” In Ambiguous Wills

By Jacob Kaufman • October 31, 2018 • 0 Comments

“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

By Jacob Kaufman • August 1, 2018 • 0 Comments

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

By Jacob Kaufman • June 20, 2018 • 0 Comments

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

By Jacob Kaufman • May 16, 2018 • 0 Comments

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

By Jacob Kaufman • May 9, 2018 • 0 Comments

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

By Jacob Kaufman • March 21, 2018 • 2 Comments

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?

By Jacob Kaufman • February 7, 2018 • 0 Comments

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

By Jacob Kaufman • January 3, 2018 • 4 Comments

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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You can’t gift what you don’t have

By Jacob Kaufman • November 1, 2017 • 0 Comments

Kindly Arlindo Teixeira took care of his elderly neighbour Mary Markgraf. Mary died shortly after writing a large cheque to Arlindo which could not be cashed due to insufficient funds. In Teixeira v. Markgraf Estate, 2017 ONCA 819, the Court of Appeal upheld the application judge’s ruling that this gift…

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CourtCalling The Bar

By Jacob Kaufman • September 20, 2017 • 0 Comments

A remote court appearance service has been approved for use on the Estates List. Under the Rules of Civil Procedure there has always been the ability to conduct certain court appearances via videoconference. However, court approval has always been required (and the consent of the parties, unless the videoconference was…

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