Estates Law
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Cottage Considerations Will and Trust Interpretations, Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills & estate planningFor many families, a cottage property represents various things: a great investment in real estate that often appreciates in value, […]
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Part 3: The Trustee Act provides legislative authority for a Court to remove a trustee capacity law, Will and Trust Interpretations, Estate Trustees, Child Support From An Estate, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen & Estates LawThe 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 Estates Law, capacity law, Will and Trust Interpretations, Estate Trustees, Estate Litigation, Areta Lloyd, Lisbeth Hollaman & Deborah JorgensenAs we noted in our first post, in La Calamita v. La Calamita, three children, John, Nadine, and Diane La […]
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Litigants Beware – The Standard Limitation Period Applies to Constructive Trust Claims Against Estates Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills, Will and Trust Interpretations, Estate Trustees, Estate Litigation & Areta LloydAdherence 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 Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills, Estate Administration, Will and Trust Interpretations & Estate TrusteesDrennan 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 Estate Litigation, Child Support From An Estate, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, Estate Administration & Estate TrusteesBayliss v. Burnham, 2024 ONCA 464 (CanLII) Non-Parties such as financial institutions, corporations, or medical care providers are often […]