Commercial and Estate Litigation Blog

When is an Estate Trustee Obligated to Make an Interim Distribution?

Upon someone’s demise a personal representative is appointed. That appointment may come about through a testamentary document or by court order if there is an intestacy. The personal representative has two roles. He or she is responsible for collecting all the assets and paying the liabilities of the deceased. Thereafter, he/she must distribute the estate in accordance with the terms of the will, or if applicable, the laws of intestacy, or, if elected by the surviving spouse, under the entitlement provisions found in section 5 of the Family Law Act.

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Estate Administration Tax – The British Are Coming!!

My expertise is not tax. But the changes are so important to solicitors who do estate planning and administration, as well as to people of means, that I felt it important to help raise awareness about what is going on. So to prepare this blog, I reached out to my colleagues who have expertise in this area. The ensuing research revealed additional changes in estates and tax laws that will have a significant impact on both practitioners and persons of means.

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Challenging the Wills of the Living

The traditional rule in Ontario is that one cannot challenge a will while the testator is still alive. However, in recent years, there have been some cases in which judges have expressed a willingness to adjudicate upon the validity of a will prior to the testator’s death. These cases might be mere anomalies or they might be signs that the general rule is weakening.

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Can Unconscionable Behaviour Disentitle a Dependant to Support?

Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”). The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

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Can domestic contracts protect the Deceased’s estate from dependants’ relief claims?

There is interplay between sections of the Family Law Act (“FLA”), and those of the Succession Law Reform Act (“SLRA”), in particular as it relates to the definition of “dependant”. That interplay may affect the second prong of the two prong test to determine who, in fact, is a dependant for the purposes of bringing a dependant’s support claim.The law is unclear on whether one may contract out of a dependant’s support claim by entering into a separation/domestic agreement upon the termination of a marriage or marriage-like relationship. The case law is very fact-specific, and below is a summary of some recent decisions.

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wrongful dismissal

Wrongful Dismissal: Rabbi gets record award

People often err when looking at the amount of damages a court will award for wrongful dismissal. They sometimes presume that the maximum damage awards are set in stone. As the case we review below will demonstrate, there are times that the courts are so troubled by the conduct of employers that new records are set in damage awards. So let’s talk about the firing of a Rabbi by a synagogue.

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Are Prenuptial Agreements Invalid Without Independent Advice?

Suppose a couple sign an agreement not to sue each other’s estate and one spouse did not get legal advice before signing the agreement. Would a judge hold that spouse to the agreement? In 2003, Justice Desotti, an Ontario Superior Court judge, said, “While I cannot conclude that there will be no agreement involving an unrepresented party that is not declared to be valid, I am certain that it will be the exception and not the rule.” Based on this decision it seems as if, as a general rule, when one of the spouses did not have a lawyer the agreement will be set aside. It’s 11 years later – let’s see how the law has evolved.

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