All About Estates

Tag: Estate Litigation

Total 88 Posts

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left…

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You’ve been served!

The Originating Process One of the first steps taken in any court procedure is service of the originating process. Whether the procedure is by action or application, service of the originating process puts parties and others who may be affected by the outcome on notice that a legal proceeding has…

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The Life and Legacy of Gina Lollobrigida – An Estates Perspective

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery….

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“Death and Taxes”

This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  As we have all heard many times in the estate planning community, and as Benjamin Franklin famously remarked, nothing is certain but death and taxes. From the Covid era and then ‘back to normal’; from Elizabeth…

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Probate Forms are Changing…Again

Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the…

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The Virtual Mediator: Fact or Fantasy?

This post was written by Diana Leopardi   It’s March 15, 2050, Eric Smith dictates an email reply to an asynchronous based mediation regarding an estate settlement issue. He then voice activates his favorite Spotify playlist and prepares to video chat his sister who lives across the country. In a…

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The Importance of Independent Witnesses in a Will Challenge

Di Nunzio vs Di Nunzio reminds us of the standard of evidence required in a will challenge. The testator made a new will in 2017 (the “2017 Will’).  The 2017 Will was made while the testator was in palliative care and she retained a new lawyer to assist her to…

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TIPS ON BRINGING A PASSING OF ACCOUNTS APPLICATION – PART 5 (FINAL THOUGHTS)

Today’s blog will wrap up my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1]  We will look at how an Executor/Trustee completes the Passing Application and obtains a judgment on passing of accounts. A Passing Application will either proceed without a court hearing, if…

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Surprise…More Big Changes Coming to Estate Administration

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used…

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Removal of Executor/Estate Trustee for Perceived Conflict of Interest

Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly…

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