Estate Litigation

Show me the Money! A Beneficiary’s Guide to a Passing of Accounts

Are you concerned about how an estate trustee is managing the estate or trust of a loved one? You may be able to compel an accounting detailing the administration of that estate or trust by making an application to the...

By Merovitz Potechin on Tuesday December 1, 2020

Did they forget about me? A Primer on Dependent Support Claims

In Ontario, if a testator (will-maker) fails to account for you in their will, and they had an obligation to support you, you can sue the deceased’s estate on the basis that you are a dependent of the deceased under...

By Merovitz Potechin on Wednesday October 21, 2020

How to Protect the Elderly from Will Revocation Upon Predatory Marriage.

With the population in Ontario aging rapidly and predatory marriages on the rise, the Ontario government is concerned for elderly persons that are being approached by financial predators, whose exclusive motivation for entering into a relationship with the elderly person...

By Merovitz Potechin on Tuesday September 8, 2020

Evidence in Will Interpretation

Wills can be complex, and sometimes interpreting the exact wishes of a Will-maker (testator) can be confusing. What is a beneficiary supposed to do when a clause in the Will is vague or ambiguous? Consider the following scenario: John Doe...

By Merovitz Potechin on Tuesday July 21, 2020

Filing Clearance Certificates with CRA by Email

Clearance certificates confirm that the estate of the deceased, or a corporation, has paid all the tax, penalties, and interest it owed at the time the certificate was issued. The certificate allows the representative to then allocate assets without being...

By Yasmin M. Vinograd lawyer at Merovitz Potechin LLP on Monday July 20, 2020

Wait, I didn’t mean to gift that! The Doctrine of Unconscionable Procurement

What happens if the person you are providing a gift to tricks you or misleads you into giving it? What happens if you are forced into giving a gift? What happens if you did not understand the implications of gifting...

By Merovitz Potechin on Monday June 8, 2020