In estate planning, a testator can gift assets under a will, but there are also ways to arrange a testator’s affairs so that assets pass outside of the will and directly to the intended beneficiary. This includes beneficiary designations on investment accounts, and possibly, assets that are jointly held with the testator and another person. Such […]
There are many reasons why an estate may be involved in litigation. The dispute may involve a Will challenge, in which the beneficiaries litigate the validity of a testator’s last Will. The testator’s Will may contain ambiguities and the beneficiaries disagree as to its proper interpretation. The deceased may have left a handwritten note containing
In the recent decision in Giann v. Giannopoulos, 2024 ONCA 928 (CanLII), the Court of Appeal for Ontario upheld the lower court’s decision dismissing a Will challenge application as the evidence failed to meet a standard called the “minimum evidentiary threshold”. This means that in order to be able to move forward with a Will
Litigation can be a costly, time consuming and stressful process for the parties involved. When faced with the prospect of a lengthy trial in backlogged courts, with an uncertain outcome at trial, parties can look for alternative paths to resolving their disputes. In estate disputes, parties may agree, and in some judicial regions of Ontario,
Loans between family or friends is a common practice. These agreements are often free of the interest rates and nexus of paperwork attached to loans provided by financial institutions. While the prospect of helping out a loved one may seem like an attractive opportunity, the informal nature of these loans carries the risk of non-payment.
