Estate Litigation

Part 2: Principles of will interpretation Deborah Jorgensen, Estates Law, capacity law, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd & Lisbeth Hollaman
As we noted in our first post, in La Calamita v. La Calamita, three children, John, Nadine, and Diane La […]
Litigants Beware – The Standard Limitation Period Applies to Constructive Trust Claims Against Estates Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills, Will and Trust Interpretations & Estate Trustees
Adherence to timelines is essential for any litigation; failure to bring a claim within the permitted period is grounds for […]
Non-Parties are often brought into estate litigation when litigants seek information in the non-party’s control Estate Trustees, Estate Litigation, Child Support From An Estate, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law & Estate Administration
Bayliss v. Burnham, 2024 ONCA 464 (CanLII) Non-Parties such as financial institutions, corporations, or medical care providers are often […]
When is a claim discovered for the purposes of a Will Challenge? estates planning, Estate Administration, Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law & estate planning
In Shannon v Hrabovsky, 2024 ONCA 120, the Court of Appeal upheld an important ruling about the discoverability principle as […]
Where a will contains imprecise language, it may be rectified by the court Estate Law, estate planning, Estate Administration, Will and Trust Interpretations, Estate Litigation, Areta Lloyd, Lisbeth Hollaman & Deborah Jorgensen
Rectification of a Will In Ihnatowych Estate v. Ihnatowych, the testator left 10% of the residue of his estate to […]
Litigation Conduct and Costs Estates Law, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd & Lisbeth Hollaman
Litigants who seek to bring unnecessary and vexatious lawsuits, and who fail to concede obvious points, should be cautious – […]