limitations – All About Estates

Appeal Court: Fraudulent Concealment Stopped the Clock

Jacob Kaufman • January 18, 2017 • 0 Comments

I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The application judge found that the ex-wife’s….

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Estate Litigation, Wills

No limitation period for attorney compensation

Jacob Kaufman • January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage, the attorney for property brought an application to pass her accounts almost two years after the death of the grantor….

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Attorney Compensation, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney

Did fraudulent concealment stop the clock?

Jacob Kaufman • August 31, 2016

In Roulston v McKenny et al, 2016 ONSC 2377, the deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The deceased and his ex-wife signed a separation agreement which required the deceased to maintain $150,000….

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Estate Litigation