An individual who seeks to have a will admitted to probate begins proceedings by applying for a certificate of appointment of estate trustee with a will. A person opposed to the will being admitted to probate need only file an objection (or a caveat as it is still called in some provinces).
A fundamental proposition of the common law with its own impressive Latin maxim (Nemo dat quod non habet) is that one cannot pass title to property one doesn’t own.
Senior lawyer discusses gifts given by a person during their lifetime with the intent to thwart their spouse's rights under the Family Law Act. Included in this is an analysis of the Fraudulent Conveyance Act and the case called Stone v. Stone.
One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation.
In our day and age, elderly people often place their children as joint tenants on their bank accounts and other like assets. In this video, the lawyers discuss the law and address issues like the presumption of a resulting trust and the presumption of advancement.
Subject to certain exceptions, as a general rule, only an executor, administer and/or trustee of an estate or trust has standing to commence proceedings on behalf of the estate or trust. While this general rule is one of long-standing, in some situations it may effectuate an inequitable result.
Courts are generally loath to permit “execution before judgment”. The simple reason is that a plaintiff has not yet proven their case against the defendant. Tying up a defendant’s assets pending a trial that may be a couple years away may cause an inequitable result if the defendant is ultimately successful in showing that a plaintiff’s claim is unmeritorious. The freezing order could also make the defendant unable to defend itself or result in a “forced” settlement on terms that the defendant would not have otherwise agreed to.
In this video senior counsel describes a case scenario where a younger woman marries a vulnerable elderly man in order to swindle him out of his money. The issues canvassed include testamentary capacity, undue influence and the level of capacity necessary to marry.
Senior lawyer relates story of how an executor refuses to show beneficiaries the will or the accounts. The discussion deals with fiduciary duties and remedies available when executors breach their obligations.
It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone. In this case the Court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case.