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Wills, Trusts & Estates

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Thursday, August 25, 2016 @ 08:00 PM

Wills, Estates Trusts Law - Proceedings - Practice and procedure - Costs

Appeal by the estate trustees, Rigsby and Shackleton, from an order requiring the parties to bear their own costs. The appellants and the three respondents were siblings. Along with a sixth child, the parties were the residual beneficiaries under their mother’s will. The appellants were the estate trustees and appointed under a power of attorney. In 2008, the respondents commenced an application seeking the appellants’ removal as trustees, a passing of accounts, and repayment of amounts taken from the estate. The action settled in 2014. The parties were unable to agree on disposition of the costs of the action and agreed to refer the matter to the court. The motion judge found that the terms of the settlement reflected divided success, justifying an order that each party bear their own costs. The appellants obtained leave to appeal to the Court of Appeal. They submitted that they were duty bound to defend the action and the estate, and that in the absence of serious or unreasonable misconduct, their costs were payable out of the estate. ... [read more]

Thursday, April 07, 2016 @ 08:00 PM

Heavy duty

It is not uncommon for an executor/estate trustee to have been the power of attorney (POA) for the deceased and to be a named beneficiary of the estate. It is also not uncommon for disputes to arise between the beneficiaries of an estate after the deceased dies whereby the truth of the deceased’s wishes is somewhere behind the smoke of conflict and possible fabricated theories of the deceased’s wishes. ... [read more]

Thursday, March 03, 2016 @ 07:00 PM

The smart money donation

With the recent focus in the media and among grassroots organizations, many Canadians are supporting or thinking about supporting the settlement of Syrian refugees to Canada. ... [read more]

Thursday, April 09, 2015 @ 08:00 PM

Charities in the danger zone

The federal government unveiled its wide-sweeping new anti-terrorism legislation on Jan. 30 to much debate. ... [read more]

Thursday, March 05, 2015 @ 07:00 PM

Defending the will

We all know it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. ... [read more]