Justice Strathy of the Superior Court of Justice ordered that Mr. Zimmerman repay nearly $500,000 in compensation he took as an attorney for property. The judge also ordered that he personally pay the legal costs of the other side amounting to $284,362.19. What happened?
As chair of B'nai Brith Canada's Trusts & Estates Group I oversee the committee that chooses the subject matter and format of the continuing legal educational programs offered every year to the lawyers and accountants of our community. We choose topics that are relevant to the profession and to the Jewish community. This year we are examining whether a clause in a will that disinherits a child for marrying outside the faith is legal.
In Belvedere v. Brittain Estate, Lora and Jeffrey started living together. As their 23- month relationship grew stronger Jeffrey promised Lora that when he died Lora would get his RRSPs worth about $1.75 million, as long as they were still living together. Jeffrey insisted that Lora sign a cohabitation agreement before he would keep his promise. Before the agreement was signed Jeffrey died. Was Jeffrey’s promise legally enforceable? At trial Justice Brown of the Ontario Superior Court of Justice decided that Lora would get the money. Jeffrey’s estate appealed.
Can Attorneys for Property Give Gifts to Themselves from the Grantors' Estates?
During litigation someone still has to manage the affairs of the estate. Normally, financial institutions are temporarily appointed by the court to manage the estate as Estate Trustee During Litigation. According to Rayna Zucker, vice-president, TD Waterhouse Private Trust in Toronto, “when people are fighting, the court appoints a professional third party to preserve the assets they are fighting over. We don’t take sides and we have the experience and internal resources to help ensure that there are still valuable assets available at the end. Our activities are transparent to everyone because of our ongoing accounting.”
Attorney General of Ontario website provides more information about this.
The Attorney General of Ontario website provides more information on this.
The Office Of The Public Guardian And Trustee website provides more information about this.
The Office of the Public Guardian and Trustee and The Accountant of the Superior Court of Justice provides more information about this.
This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care.