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accountant ETDL

Estate Trustee During Litigation: A Primer for Accountants and Lawyers

Trust companies and banks are often appointed by the courts to act as an Estate Trustee During Litigation (“ETDL”). They are sometimes considered the “best choice” because of their experience, resources, objectivity and integrity. However, in recent years many accountants and solicitors have taken on ETDL appointments. Given that they do not have the experience of the banks, this blog post seeks to provide practical advice and consideration for those who are contemplating taking on the role of an ETDL.

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Disaster Planning for Estate Law

Common disaster planning and the Estates of Barry and Honey Sherman

While the Shermans’ estate planning remains largely a mystery at this point, the unknown circumstances of their deaths give rise to a further legal issue which may or may not be consequential depending on the manner in which their will(s) were drafted. Where two or more people die at the same time or in circumstances where it is uncertain which of them survived the other, there are certain complications that may arise in the administration of their estates. This issue is discussed in more detail in this blog.

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Do I need a Will?

Do I need A Will?

One of the most common questions I get asked when people find out what I do for a living is - Do I need A Will? My answer is always the same - I don’t know, but probably. I then go on to explain why I think having a will is important.

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loan or gift and limitation periods

Loans and Limitations: Is this decision the real McCoy?

As discussed in our blog, Gift or Loan? A case review of Greco v. Frano, one of the issues frequently raised in estate litigation is how to characterize funds that were advanced to/by a deceased. These types of cases often focus on whether the funds should be considered to be a gift or a loan. One of the reasons the courts are faced with these types of claims so frequently is that these are non-arm's length transactions and family members often do not feel the need to document their intentions as they would if they were dealing with arm's length parties.

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security for costs

When can a defendant seek further security for costs?

Courts may order a plaintiff to pay money into court in certain prescribed situations as security for the defendant’s anticipated costs of the litigation. This is available to a defendant in circumstances where there is a likelihood that a defendant will have difficulty recovering costs from a plaintiff at the end of the litigation if the plaintiff loses and is ordered to pay costs to the defendant.

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