Legal Papers – Page 3 – de VRIES LITIGATION

Is the Right to Privacy Lost on Incapacity?

Justin de Vries | February 6, 2015

Everyone has a fundamental right to privacy. However, once a person becomes incapable of managing their own finances or health care decisions, their lives are inevitably made public to the person(s) stepping in to fill the role of decision-maker. Even for those not appointed a substitute decision-maker, it is common…

Passing of Accounts – 2013

Justin de Vries and Angela Casey | November 26, 2014

If a theme were to emerge from the contested passing of accounts cases that were decided in 2013, it would be “protect the innocent”. In some cases, this theme manifested itself in decisions to remove trustees who acted improperly or to surcharge trustees who misappropriated funds. In other cases, judges…

Fraudulent Breach of Trust

Justin de Vries | November 4, 2014

All is not lost where the trustee of a trust breaches his fiduciary obligation, misappropriates trust assets, and disappears. Where there has been a fraudulent breach of trust, the defrauded beneficiaries are able to pursue strangers to the trust for damages or the return of the trust property. There are…

Orders for Directions and Pleadings

Justin de Vries and Michael Rosen | October 7, 2014

Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity…

What to do on the Death of a Business Owner

Justin de Vries and Gillian Fournie | May 12, 2014

An executor faces unique challenges in administering an estate where the deceased owned a business before death. The executor should keep the following steps should be kept in mind: • Find the will • Determine the estate assets and liabilities. Understand where the estate ends and the business begins •…

2012 Recent Guardianship Cases – A Critical Analysis

Angela Casey and Justin de Vries | May 1, 2014

Guardianship or power of attorney disputes are never pleasant. Unfortunately, such disputes usually involve family members and often drag up long standing, unresolved issues between family members. Litigants can quickly lose perspective, disregard the best interests of the incapable person, and engage in scorched earth litigation. As the population ages…

Production of Estate Documents in Contested Beneficiary Litigation

Gillian Fournie and Justin de Vries | May 1, 2014

When an estate is involved in litigation against its beneficiaries, the production of estate documents is often a highly emotional subject, not to mention legally complex. The complexity is due to the convergence of multiple forms of disclosure obligations and privileges, some of which are unique to estates litigation. These…

Duty and Standard of Care of Solicitors Practicing in Estates

Justin de Vries and Gillian Fournie | February 19, 2014

A solicitor owes a duty of care to his or her client. This duty arises in contract (under the terms of the retainer agreement) and as a professional duty imposed on all lawyers to act with skill and competence when serving their client. The appropriate standard of varies with the…

Passing the Trustee’s Accounts When There Are Business Assets

Angela Casey and Gillian Fournie | January 23, 2014

At the beneficiaries’ insistence, or at his own initiation, a trustee may apply to court to pass his accounts. Once in court passing format, the accounts will list the deceased’s assets as of date of death, and trace any subsequent disposition of those assets. However, where the estate assets include…

Legal Resources

Is the Right to Privacy Lost on Incapacity?

Passing of Accounts – 2013

Fraudulent Breach of Trust

Orders for Directions and Pleadings

What to do on the Death of a Business Owner

2012 Recent Guardianship Cases – A Critical Analysis

Production of Estate Documents in Contested Beneficiary Litigation

Duty and Standard of Care of Solicitors Practicing in Estates

Passing the Trustee’s Accounts When There Are Business Assets

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