All About Estates

Rebecca Studin

Total 37 Posts Website
Rebecca Studin was called to the Bar in 2009. Before joining de VRIES LITIGATION LLP, Rebecca practised estates and commercial litigation at a full-service international law firm in Toronto. Rebecca’s estates experience includes will interpretation applications, will rectification applications, solicitor’s negligence actions, and other estates and trusts matters. Rebecca obtained her law degree from Osgoode Hall Law School after earning her honours bachelor of arts degree from Glendon College, York University. Following her call to the Bar, Rebecca was selected as a Fox Scholar and spent a year training as a barrister at the Middle Temple, Inns of Court, in London, UK. More of Rebecca's blogs can be found at https://devrieslitigation.com/author/rstudin/

A Change of Heart Does Not Create a Resulting Trust

In the recent decision of Hertendy v. Gault, 2020 ONSC 7555, the Court considered a mother’s summary judgment motion to set aside the transfer of her property to her daughter for no consideration. Facts: On October 28, 2011, Marian Hertendy appointed her daughter, Beverly Ann Gault, as her attorney for…

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To Forgive, or Not to Forgive, What Was the Intention?

In Middleton Estate v. Middleton, 2020 ONCA 552 (CanLII), the Court of Appeal for Ontario considered the appeal from a trial judge’s decision concluding that the first of two promissory notes reflected the deceased’s intention that a loan made to her daughter was repayable on the deceased’s death. Facts: Eva…

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Beware of the “Zombie” Deed

In Thompson v. Elliott Estate, 2020 ONSC 1004 (CANLII), the Court considered the validity and effect of a “zombie” deed signed by a transferor while alive in order to convey an interest in land, but not registered on title until after the transferor’s death. The Facts: Alitha Elizabeth Elliott and…

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Court of Appeal Denies Stay of Order to Sell Property In Power of Attorney Dispute

In the recent decision of Volk v. Volk, 2020 ONCA 297, the Court of Appeal for Ontario declined the moving parties’ motion for a stay pending appeal of an Order granting the sale of real property alleged to have been purchased by attorneys for property with the funds of the…

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Intention Governs the Disposition of RRSP converted to RRIFs

In the recent application of Boulos v. Duca, 2020 ONSC 1946, the Court considered the issue of what becomes of a beneficiary designation of an RRSP when the account is converted to a RRIF, and no subsequent beneficiary designation is made. Facts: In the 1980s, Yura Nicola Khagek met a…

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Elder Financial Abuse During COVID-19

A few weeks ago, I came across a media article about elder financial abuse involving the use of a power of attorney. In my view, this issue has even greater relevance today in light of the current COVID-19 lockdown, and the resulting physical isolation of our vulnerable seniors. The Story…

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No Passing of Accounts Unless “Significant Concern”

Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to…

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Criminals Cannot Profit From Their Crimes – Or Can They?

Criminals cannot profit from their crimes – unless they are not criminally responsible.

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Option to Purchase – At What Price?

Court of Appeal interpreted an option to purchase a business set out in the deceased’s last will.

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The Supreme Court of Canada to Review Disclosure of the Sherman Estate Files

The Supreme Court of Canada has granted leave to appeal a decision of the Court of Appeal for Ontario to unseal the files and probate applications in respect of the estates of Barry and Honey Sherman (the “Sherman Estates”). The tragic murders of the wealthy Toronto couple in December 2017…

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