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Court Appointed Monitor

A Monitor in Estates Proceedings? A case review of D’Angelo Estate

In D’Angelo Estate, Re, the Court held that it had jurisdiction to appoint a monitor to supervise the actions of the co-executors and ensure that the Estate was properly administered. Justice Quinn relied on the court’s discretion to attach conditions to the grant of probate, as are necessary, to achieve the wishes of the testator. In the specific circumstances of this case, it was determined that the appointment of a Monitor would respect the testator’s choice of estate trustees.
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Codicil

Declaration with no consequential relief not subject to limitations

In Piekut, the court determined that a codicil to a will was valid notwithstanding that the application was commenced more than two years after the applicant discovered the codicil’s existence. Justice Dietrich made this determination despite case law that stands for the proposition that a party seeking to challenge a will must do so within two years from the date of the deceased's death, subject to the discoverability rules in the Limitations Act.
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Recording Video Evidence

Death of a Party: Issues in Respect of Evidence

In our previous blogs, we discussed many of the procedural and cost implications associated with the death of a party. Oftentimes, however, the death of a litigant causes more than just a procedural hiccup and can be quite prejudicial to the deceased litigant’s case. For instance, in cases where the deceased litigant’s cause of action relies heavily on the deceased litigant’s personal knowledge and recollection of events.
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