Commercial and Estate Litigation Blog
who gets fees

The Executor’s Fee – Payment to the Lawyer or the Law Firm?

Imagine this scenario: Larry the Lawyer works for a large law firm. For ease of reference let’s call the law firm LLF. The clients love Larry. One such client - let’s call him Clint the Client - was so impressed with him that he appointed Larry the Lawyer as his sole executor. Clint the Client is worth about $200,000,000. Using the tariff as a guide, the executor fees might be as much as $10 million. So does Larry the Lawyer or his firm LLF become entitled to the executor fees?
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capacity assessment

Practical Strategies and Best Practices For Drafting Solicitors in Assessing Testamentary Capacity

Solicitors working with clients to draft Wills and create estate plans are in an optimal position to deal with anticipated probate litigation. This blog will set out the law on testamentary capacity and techniques to create and preserve evidence to fend off challenges. Also discussed are the implications of a lawyer’s duty to a client when receiving instructions and conducting assessments.
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definition of child

What is a “child”?

What is a child? In everyday life, this is an innocuous question with a simple answer – you kind of know one when you see one. Whether you’re going to the movies, dining at a buffet, or riding the subway, what most people consider to be a “child” is clear, give or take a couple of years.
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Reduce Probate Fees with Multiple Wills

A Tale of Two Wills: Private Shares & Reducing Probate Fees with Multiple Wills

Applying for probate can be cumbersome, expensive, and can delay the administration of an estate. Unfortunately, it may be a practical necessity. The executor often needs to prove that they have legal authority to administer the estate in order to deal with certain types of estate assets. This is especially true in cases where the estate holds substantial assets, such as real property or a portfolio of investments in public corporations. That being the case, probate is not always required, and may even be avoided in some high-value estates.
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special items in estate law

A $50 million painting of Shakespeare – the administration of estates involving one of a kind assets

The main asset of the estate of Mary Sullivan is the Sanders Portrait, a 400 year old portrait purportedly of William Shakespeare. It is believed to have been painted during Shakespeare’s lifetime and has been appraised at $50 million USD. Ms. Sullivan died on April 6, 2020. Her last will and testament named her husband as the executor of her estate and in the event he predeceased her - which he did - her cousin. Ms. Sullivan’s cousin renounced, which left the second alternate, her long-time accountant Mr. Taylor, to administer the estate. Mr. Taylor accepted the appointment and five months later was met with an application brought by Mr. Meuse (a beneficiary) who sought to remove him.
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Severing A Joint Tenancy by Course of Dealing

Avoiding Probate: What is the First Dealings Exemption?

It is generally understood that an estate typically needs to go through probate where the deceased held real property without any other “joint tenants”. Contrary to popular belief, however, there are some exceptions that allow us to deal with real property without first having to go through probate. One of the more curious and relatively unknown exceptions is known as the “first dealings'' exemption.
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