“Costs Follow the Result”: The “Loser Pays” Principle
The issue of the payment of costs in an estate litigation matter has seen somewhat of a reshaping recently. Historically, …
“Costs Follow the Result”: The “Loser Pays” Principle Read Post »
The issue of the payment of costs in an estate litigation matter has seen somewhat of a reshaping recently. Historically, …
“Costs Follow the Result”: The “Loser Pays” Principle Read Post »
The English High Court laid out the benchmark test for assessing testamentary capacity and subsequent cases have served to focus and clarify aspects of it — the recent decision of the Ontario Superior Court of Justice in Kay v Kay Sr. is such a case.
A review regarding testamentary capacity assessments Read Post »
A few Thanksgiving-related items: To go “cold turkey”: to stop an addictive habit suddenly and completely. To be contrasted with
Consider yourself warned. Notwithstanding the relatively mundane title referenced above, the within blog contains a (somewhat mild all things considered)
Procedural differences between Applications and Actions Read Post »
Commencing an Application for a Certificate of Appointment of Estate Trustee With a Will is the first step in having
On today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Naismith v Clarke, 2019 ONSC 5280, and
Hull on Estates #581 – Minimal Evidentiary Threshold in Will Challenges Read Post »
Yesterday I blogged about the Notice of Contestation of Claim, which is a process that in essence provides the Estate
Notice of Contestation of Claim – Can you use it for all potential claims? Read Post »
A recent case reinforces the fact that hearsay statements are inadmissible in court when it comes to making a claim on an estate, says Toronto estate litigator David M. Smith, who represented a man who was granted a motion for summary judgment to dismiss a challenge that he was unjustly enriched.
Corroboration needed when making claim on estate: Smith Read Post »
What’s an Estate Trustee to do when faced with a situation in which an individual has threatened to bring a
Just sue me already – Notice of Contestation of Claim Read Post »
There have been a number of recent decisions discussing the threshold to be met before a court will allow a
Another Will Challenge Threshold Case Read Post »