The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’ […]
Where does one commence a legal proceeding? When can one transfer a proceeding to one’s own hometown? These are simple enough questions, but with answers that may surprise you. The recent Ontario Superior Court of Justice decision of Estate of Byung Sun Im, deceased, 2018 ONSC 2223, set out the answers clearly. Background Byung Sun
A claim in quantum meruit is sometimes made in the estates litigation context by a disappointed beneficiary. The words quantum meruit literally mean “as much as deserved.” The claimant argues that he or she deserved compensation from the deceased for work that was done but was not properly compensated for under the deceased’s will. In
A common estate planning technique to avoid probate tax is for a parent to transfer his or her house into joint tenancy with one of his or her children. That way, when the parent dies, the property passes by way of survivorship from the parent to the child without the need to go through probate
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
