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What type of search for beneficiaries is sufficient to satisfy a trustee’s obligation to do so? In Stoyan v. Johnson, the Ontario Superior Court of Justice had the opportunity to decide just that on an application by a trustee of a testator whose named beneficiaries had pre-testator him. Though Mr. Stoyan had named two beneficiaries…

There may be times during the administration of an estate that a lawsuit is filed on behalf of the deceased. In most cases, the Trustee Act dictates that certain actions brought on behalf of a deceased person must be brought within two years of the person’s death. However, courts have ruled that this limitation period may be suspended if…

While the idea of appealing a judicial ruling is something most people are familiar with, the grounds on which someone can make an appeal are perhaps not as well known. For example, someone who loses a decision in court can’t appeal simply because they don’t agree with the court’s ruling. In addition, an appeal can’t…

While a will is designed to lay out how someone wants their property to be handled following their death, there are plenty of circumstances that lead people, beneficiaries or not, to challenge a will. However, wills can’t be challenged unless certain minimum requirements are met. A recent decision from the Ontario Superior Court of Justice looks at what…