Estate Trustees
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Part 3: The Trustee Act provides legislative authority for a Court to remove a trustee Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, Will and Trust Interpretations, Estate Trustees, Child Support From An Estate & Areta LloydThe matter involved a dispute primarily between two children of the deceased, Leonard La Calamita (who died in 2018): James […]
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Part 2: Principles of will interpretation Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law & Will and Trust InterpretationsAs we noted in our first post, in La Calamita v. La Calamita, three children, John, Nadine, and Diane La […]
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Part 1: Review the Court’s guidance on the content of affidavits and the Court’s discretion to strike portions of affidavits. Estate Law, capacity law, estate planning, Will and Trust Interpretations, Estate Trustees, Areta Lloyd, Lisbeth Hollaman & Deborah JorgensenLa Calamita v. La Calamita, 2024 ONSC 4219 (CanLII) This is the first of three posts on La Calamita v. […]
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Litigants Beware – The Standard Limitation Period Applies to Constructive Trust Claims Against Estates Estates Law, capacity law, wills, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman & Deborah JorgensenAdherence to timelines is essential for any litigation; failure to bring a claim within the permitted period is grounds for […]
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Failure to Engage and a “Scorched Earth” Approach Leads to Near-Full Indemnity Costs Deborah Jorgensen, Estates Law, capacity law, wills, Estate Administration, Will and Trust Interpretations, Estate Trustees, Areta Lloyd & Lisbeth HollamanDrennan v. Drennan, 2024 ONSC 3905, is an instance of a rare and significant costs award that almost entirely compensated […]
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Non-Parties are often brought into estate litigation when litigants seek information in the non-party’s control Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, Estate Administration, Estate Trustees, Estate Litigation & Child Support From An EstateBayliss v. Burnham, 2024 ONCA 464 (CanLII) Non-Parties such as financial institutions, corporations, or medical care providers are often […]