Estates Law

Part 3: The Trustee Act provides legislative authority for a Court to remove a trustee Child Support From An Estate, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, Will and Trust Interpretations & Estate Trustees
The matter involved a dispute primarily between two children of the deceased, Leonard La Calamita (who died in 2018): James […]
Part 2: Principles of will interpretation capacity law, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen & Estates Law
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 Estates Law, capacity law, wills, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman & Deborah Jorgensen
Adherence to timelines is essential for any litigation; failure to bring a claim within the permitted period is grounds for […]
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 Hollaman
Drennan v. Drennan, 2024 ONSC 3905, is an instance of a rare and significant costs award that almost entirely compensated […]
Non-Parties are often brought into estate litigation when litigants seek information in the non-party’s control Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, Estate Administration, Estate Trustees, Estate Litigation, Child Support From An Estate & Areta Lloyd
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? Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, estate planning, estates planning, Estate Administration & Estate Trustees
In Shannon v Hrabovsky, 2024 ONCA 120, the Court of Appeal upheld an important ruling about the discoverability principle as […]