The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased need for a neutral party to preserve the assets of the estate during the course of such litigation.
Category: Trustee Disputes
Total 32 Posts
Last fall I wrote about the Supreme Court of Newfoundland and Labrador being asked to rule on the specific issue of residency which would have significant tax implications to the trust depending on the Court’s determination. In Discovery Trust vs Canada (National Revenue), 201201G6615, at issue was whether a trust…
I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices. That rather unseemly development is this: expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money. …
Norwegian lawyer Fredrik Heffermehl thinks the Nobel Foundation has blatantly ignored the intentions of Alfred Nobel for his namesake Peace Prize. Nobel’s will stipulated that the prize be awarded to the ”most worthy champions of peace”. Specifically it should go to “the person who shall have done the most or…
As a trustee or executor of an estate, you may find yourself managing existing or future tax disputes with the Canada Revenue Agency (“CRA”) and the collections department of the CRA at the same time. In a blog written by Peter Aprile of Countertax Lawyers entitled the Canada Revenue Agency…
Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.
Are your actions as attorney for property relevant and therefore discoverable in a will challenge case?
It is trite to say that once a trustee is appointed and accepts the office, s/he becomes subject to the duties and powers of that office. A trustee’s liability, in the event that he is found to have breached his/her duties, or exceeded his/her powers, is personal.
How is it possible for five parties to incur $4,435,050.18 of costs essentially on a four day hearing? The recipe is one part deafness, and one part unreasonableness.
Legal fees to settle an estate are generally not deductible for tax purposes. When do legal fees become tax deductible, if ever?