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The ETDL and You

Estate litigation cases often deal with multifaceted issues where family members feud about a variety of matters. Will challenges, dependant relief applications and passings of accounts are a few of the types of disputes which result in extensive, protracted and lengthy litigation. In such circumstances, parties often look to appoint an estate trustee during litigation […]

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“Separated” Spouses and Intestacy

The law is constantly evolving and being refined. Most recently, a provision was added to Part II of the Succession Law Reform Act (the “SLRA”), which deals with how an estate is to be distributed when there is no will. In particular, on January 1, 2022, section 43.1 was amended to add that there is

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Holographic Wills and Incorporation by Reference

In Re Lacroix Estate, 2021 ONSC 2919, the Ontario Superior Court of Justice considered whether a testator’s handwritten note could incorporate by reference the testator’s unsigned but initialed typewritten Will. Facts On May 19, 2020, during the height of the COVID-19 lockdown, Rebecca Stephanie Lacroix contacted a solicitor, Margaret Opatovsky. Ms. Lacroix advised that she

Probate

Can Pets Inherit Million Dollar Trusts?

Recently, a German shepherd named Gunther VI made headlines worldwide by purportedly selling a $31.7 million dollar Miami mansion which used to belong to Madonna. As the story goes, Gunther VI’s great-grandfather, Gunther III, was gifted a multi-million-dollar trust from late owner German countess Karlotta Liebenstein when she passed in 1992. The fund was well

In The News, Trusts

Estate Trustee Compensation

An estate trustee is entitled to compensation for work performed in that capacity on behalf of an estate. Subject to any fee or compensation agreement, the general rule in Ontario is that an estate trustee is entitled to compensation in the amounts of 2.5% of all capital receipts and disbursements, and 2.5% of all revenue

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