Estate Law
Estate Law
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…
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…
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…
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…
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….
When someone pursues an action on behalf of an estate in their role as an estate trustee they may enter into a matter of litigation where they represent the interests of the estate, as opposed to their own interests. But…
As people work their way through the ups and downs of life, it is common for people to have a need to revisit their wills to make sure they reflect how they would like their estate divided in the event…
One of the impacts COVID-19 has had outside of the day-to-day health and safety concerns that are top of mind is the difficulty to travel. In some parts of Canada, airlines have pulled out of serving cities altogether. This brings…
Not too long ago we wrote about a niece who attempted to remove her uncle as the estate trustee of another one of her uncles. A recent follow-up decision related to costs associated with the unsuccessful bid was just released…
Homes can be difficult assets to divide. When there are multiple beneficiaries to an estate, and the family home is left to more than one person, there aren’t a whole lot of options available. Either an agreement can be made…