Will and Trust Interpretations
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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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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 Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills, Will and Trust Interpretations, Estate Trustees & Estate LitigationAdherence 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 Estate Trustees, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estates Law, capacity law, wills, Estate Administration & Will and Trust InterpretationsDrennan v. Drennan, 2024 ONSC 3905, is an instance of a rare and significant costs award that almost entirely compensated […]
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Have you considered what will happen when you pass away if you own a furry companion? Estate Administration, Will and Trust Interpretations, Child Support From An Estate, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen, Estate Law, capacity law, power of attorney & estate planningMany people do not turn their minds to the fact that pets are legally considered property, and in a last […]
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Where a will contains imprecise language, it may be rectified by the court estate planning, Estate Administration, Will and Trust Interpretations, Estate Litigation, Areta Lloyd, Lisbeth Hollaman, Deborah Jorgensen & Estate LawRectification of a Will In Ihnatowych Estate v. Ihnatowych, the testator left 10% of the residue of his estate to […]