A recent decision in the Ontario Superior Court of Justice held that a deed of transfer of land can still be valid even if the deed wasn’t registered until after the transferor died. In the case, Sproul Estate v. Sproul, the testatrix, Ann Sproul, had purchased a house in 1989 with her husband, Leonard, together […]
Congratulations to Justice David Brown who was appointed to the ONCA this week. I am sure that I speak for the Estates Bar when I wish him well in his new role. Justice Brown had a profound impact on the Estates Bar (and beyond) and leaves a lasting legacy. He certainly imposed procedural rigour on the
I recently came across this news article while reading about the litigation surrounding the final days of Casey Kasem. The article detailed the recent enactment of new sections to California’s probate code which will come into effect January 1, 2016. The changes will require “conservators” (a position comparable to Ontario’s court-appointed guardian of the person
Although they sound similar, there are important procedural differences between “removing” an estate trustee and “renouncing” the right to act as an estate trustee. Where the named estate trustee has not yet begun acting in her role as estate trustee (i.e. she has not yet undertaken any work administering the estate), she may “resign” or
Can an estate trustee’s ability to mortgage an estate property be limited by s. 9 of the Estates Administration Act? This was the question recently addressed by the court in Di Michele v. Di Michele. Section 9 of the Estates Administration Act allows for real property to automatically vest in the beneficiaries of an estate
