Estate Litigation Can Resolve Unforeseen Circumstances

Estate Litigation Can Resolve Unforeseen Circumstances

Not all estate litigation is contentious. Sometimes parties come to court intending to settle a dispute amicably. Moreover, the court is usually interested in helping resolve disputes without unnecessary expense. In the recent case of O’Connor v. Dell before the Ontario Superior Court of Justice, a testator’s Will did not account for circumstances that arose…

Adding Non-Parties to Estate Dispute Proceedings

Adding Non-Parties to Estate Dispute Proceedings

An unfortunate reality for many families is that their loved ones are at risk of being taken advantage of as their mental state declines. Sometimes, the people taking advantage of an individual’s diminished capacity are the same ones that should be providing care and attention. When such an instance occurs, it can lead to a…

Family Conflict results in Long-Term Estate Litigation over Secret Trust and Mutual Wills Agreement
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Family Conflict results in Long-Term Estate Litigation over Secret Trust and Mutual Wills Agreement

Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment…

Are Family Law and Divorce Legislation support orders binding on estates?
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Are Family Law and Divorce Legislation support orders binding on estates?

The question of whether an Ontario family law support order or a divorce support order is binding on a deceased spouse’s estate is an interesting one that bears close consideration during the estate planning process. If not properly addressed, disputes regarding support obligations can lead to estate litigation if such matters are not completely considered and understood…

Costs Award Following Unsubstantiated Allegations in Estate Litigation

Costs Award Following Unsubstantiated Allegations in Estate Litigation

A recent costs decision out of a British Columbia Supreme Court (BCSC) highlights the dangers of making unsubstantiated allegations in the often high stakes, high emotion, context of estate litigation. Petitions Pit Deceased’s Widow Against Stepdaughters The case in question, Malacek v Young, 2021 BCSC 2219, concerned the judgment on costs following two competing petitions in a…

A Promise to Transfer Family Property May be Enforceable Against an Estate

A Promise to Transfer Family Property May be Enforceable Against an Estate

Can a promise be enforceable against an estate? In a recent decision, the Ontario Court of Appeal considered the enforceability of promises, unjust enrichment, and proprietary estoppel. What is Unjust Enrichment? Unjust enrichment occurs when one person receives a benefit at the expense of another, in circumstances that the law sees as unjust. To successfully…

Marriage Will No Longer Revoke a Will in Ontario

Marriage Will No Longer Revoke a Will in Ontario

In April 2021, the Ontario Government passed Bill 245, the Accelerating Access to Justice Act, 2021, which includes some significant changes to estate law in Ontario. Many of these new rules are set to come into effect in January 2022 and it’s important to be apprised of these upcoming legislative changes. In this article, we discuss…

Brother’s Attempt to Remove Sister As Trustee To His Trust Rejected by Court

Brother’s Attempt to Remove Sister As Trustee To His Trust Rejected by Court

In a recent British Columbia case, a brother asked the court to remove his sister as the trustee to the trust established by his deceased father for him, alleging that she had been untruthful and self-interested in the trust’s management. Testator Creates Trust for Younger Son in Will The testator passed away in 2014, leaving a will dated 2012….

Estate Dispute Between Extended Families of Deceased Married Couple over Proceeds of Home Sale

Estate Dispute Between Extended Families of Deceased Married Couple over Proceeds of Home Sale

One of the realities of estate litigation is that it often involves families finding themselves at odds over what should happen to the estate of their loved ones. In some cases, the children of the deceased are involved, but of course, many people choose to not have children or can’t have children. In those cases,…

Daughter Seeks Evidence To Invalidate Mother’s Will
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Daughter Seeks Evidence To Invalidate Mother’s Will

There are a number of reasons why someone may want to challenge a will. One such reason that comes up quite frequently is when someone doesn’t believe that the testator (the person making the will) had the capacity to do so. This could be because of health reasons, or it could be because a third party…