All About Estates

Category: Estate Litigation

Total 213 Posts

Separation Agreements, Support Obligations, and Summary Judgment

Separation agreements commonly include a requirement that one of the spouses maintains a life insurance policy in favour of the other in order to “secure” support payments (either child support or spousal support). It is equally as common to find out, on the death of the supposedly insured spouse, that…

Continue Reading

Ignorance is Bliss

Our friend recently told us that his sister had done a DNA genetic test with one of the companies that provides ancestry and  health information.  What she found out was not what she was expecting at all.  No, she does not have ‘royal’ roots but she does have twin half…

Continue Reading

To Boldly Go Where No Estate Litigation Has Gone Before

Even if you have never seen an episode of Star Trek you are probably familiar with “Beam me up, Scotty”[1] or Mr. Spock’s ears. The judges of our Superior Court frequently mine the show for metaphors.[2] Gene Roddenberry is widely known as the mind behind Star Trek but less well…

Continue Reading

Disproportionate Inheritance? WESA to the Rescue

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   Nahar and Nihal Litt arrived from India in 1964 with modest beginnings. The couple worked tireless hours building their family’s farm business estate for decades. Their children, who were between the ages of…

Continue Reading

Too much “Legalese” – Better Pay Attention!

  This Blog was written by: Emily Racine   While reviewing wills with clients, the focus is often on the dispositive provisions of the will; in other words, clients tend to focus on the first five pages of the will and leave the rest to the lawyers. For the most…

Continue Reading

Probate and the Humans Rights Tribunal of Ontario

On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of…

Continue Reading

Testamentary Freedom – A Fundamental Right?

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now.

Continue Reading

You Better Think (Think)…About the Estate Planning Process

This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however,…

Continue Reading

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal.

Continue Reading

Undue Influence in Estate Planning

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust Historically the area of estates was not particularly litigious, but as families and financial circumstances become more complex, litigation involving estates has become more frequent. Frequently touted, but notoriously difficult to prove, is the allegation of someone being…

Continue Reading