Commercial and Estate Litigation Blog
estate law mediation

Winning the Mediation in Estate Litigation

The vast majority of lawyers and mediators in the field appear to believe that mediation leads to more cases settling faster at a lower cost. Mandatory mediation was introduced in Ontario on a test basis on January 4, 1999.  In part, based on an independent 23-month evaluation of the pilot project, it became permanent. The results of that evaluation are set out in the Hann Report.  It suggests that mandatory mediation results in 40% of cases being completely settled earlier in the litigation process. This raises questions about the nature of the cases that are still going to trial.

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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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disinheritance

Disinheritance and the Family Law Option

  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 hate his wife. He resented Jane for being far more successful than him. They both made money, but it was Jane who had the big job and the prestige that went with it. Pete stewed about his situation and he went to his lawyer and instructed him to draft a…

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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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