You signed the Agreement of Purchase and Sale (the “APS”) to purchase a new development property, you paid the deposit, but the seller has since breached their own obligations under the APS. You are now having second thoughts about moving forward with the purchase of that new home. Can you get out of the APS?
A case review of Merklinger v. Merklinger[1. 1992 CarswellOnt 304, (1992) W.D.F.L. 1429, (1992) O.J. No. 2201, 11 O.R. (3d) 233, 43 R.F.L. (3d) 109] Imagine this fictional scenario. Jane comes to her lawyer because her louse of a spouse has disinherited her. The husband, Pete, had grown to…
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.
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.
In many ways, Watson v. Herom is a typical will challenge case. The litigants are sisters and the plaintiff was challenging their stepfather’s last will and testament, which excluded her and left the entirety of his estate to the defendant.
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.
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.
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.
Heather and Chaim never believed in marriage. They lived together for 20 years, had 3 children and were happy. Chaim was hit by a truck and died. He had no Will. Had Heather been legally married she could have: 1. had the right to elect for an equalization payment under the Family Law Act; or 2. received an inheritance by virtue of an intestacy under the Succession Law Reform Act. Since there was no Will, Heather would have inherited a preferential share of the estate equal to $350,000 and 1/3 of the balance to share with the Chaim’s three children.
The Supreme Court of Canada in Smith v. Jones described solicitor-client privilege as the highest privilege recognized by the courts. In its recently issued judgement in Continental Bank of Canada v. Continental Currency Exchange Canada Inc. 2022 ONSC 647 CanLII, the Superior Court of Justice underscored the sanctity of the privilege and provided a stark reminder to litigants of the powerful remedies available to the court when an opposing party accesses confidential and privileged information which is relevant to the issues in the litigation.