Often when an estate is involved in litigation to address the conduct of an uncooperative beneficiary, the other beneficiaries expect that the estate trustee’s court costs will be paid from the share of the “problem” beneficiary. However, as lawyers like to say “it depends.” In a recent Ontario case, an…
Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already…
Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake. This conference brings together law clerks…
What happens when a lawyer is retained by a testator to make a will, but that will is never made? While the testator (or their estate) may have a claim against the lawyer, do the beneficiaries of that unmade will also have a claim? The Historical Origin of “Disappointed Beneficiaries”:…
In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate. The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment…
Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses…
There is a recurrent theme that I continue to see in my elder care work with families. It involves a breakdown in communication that has likely started sometime ago. As a result of this miscommunication, the trusting relationship that I would like to be believe originally existed there, has been…
Cowboy will writers spark regulation of the will writing market in the U.K. Often the attempt by the testator to save money by not seeking professional estate planning advice, results in expensive estate litigation later on.