Service Area: Estate Litigation

Mann Lawyers > Estate Litigation

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Estate Litigation

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Posted September 20, 2022

No-Contest Clauses in Wills: When Are They Void?

Disputes over a will after a testator has died can result in costly and time-consuming litigation. Testators may anticipate this conflict and try to avoid[...]

Blog |

Estate Litigation

By:

Heather Austin-Skaret

Posted June 13, 2022

What to Do When it is Not Practical to Take Appointment or Continue as Trustee of a Testamentary Trust?

Trust companies are often faced with a dilemma when the fees associated with the administration of a testamentary trust exceed the income generated by it. [...]

Practice Tips |

Estate Litigation

Posted January 25, 2022

A Wrinkle on the Scope of Cross-Examination under Rule 39.03

Where a person is cross-examined on an affidavit to be used on a motion or application, the questions asked must be relevant to the matters[...]

Practice Tips |

Estate Litigation

Posted January 5, 2022

Noting Suspicious Circumstances

In the case of a will, suspicious circumstances questioning capacity may be (1) circumstances surrounding the preparation of the will, (2) circumstances tending to call[...]

Blog |

Estate Administration, Estate Litigation

By:

Kate Wright

Posted November 29, 2021

Removing Trustees: The High Threshold is Met in Clayton v. Clayton et al.

A recent decision by Justice Corthorn provides a detailed and useful overview of the case law regarding the removal of Trustees. In the decision of[...]

Practice Tips |

Estate Litigation

Posted November 19, 2021

Removing a Trustee

Anyone who can be lawfully appointed a trustee can be lawfully removed. But not lightly. Grounds must be carefully considered, both individually and collectively. Section[...]

Practice Tips |

Estate Litigation

Posted October 25, 2021

On Costs in Estate Litigation

Parties should be increasingly aware of the changed mood in our courts regarding the awarding of costs in estate litigation. The general rule has been[...]

Practice Tips |

Estate Litigation

Posted September 27, 2021

On Affidavits in Support

Our courts are becoming increasingly frustrated with the filing of affidavit evidence in support of a position that is taken by a lawyer and is[...]

Practice Tips |

Estate Litigation

Posted September 13, 2021

Participant Expert Opinion Evidence

Westerhof (Westerhof v. Gee Estate, 2015 ONCA 206, confirmed the reach and extent of expert opinion from a participant expert, who is afforded an exemption[...]

Service Area: Estate Litigation

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