Estate Litigation Blog

Attorneys for property often under the microscope

by Elizabeth Bozek, Published: March 18, 2013

Tags: accounts,  attorney,  estates,  felice kirsh,  powers of attorney,  trusts,  trusts and estates toronto,  wills

Felice Kirsh authored an article published in the March 1, 2013 edition of The Lawyers Weekly. In "Attorneys for property often under the microscope", Ms Kirsh discusses the responsibilities of an attorney for property, including the duty to manage the incapable person's property in the best interests of that person, and the duty to keep accounts. Ms Kirsh also suggests individuals who have been named attorneys for property take the job seriously, spend time at the job and document all decisions made, time spent and issues considered.

Uncertainty over trustee reimbursement

by Elizabeth Bozek, Published: March 01, 2012

Tags: accounts,  estates,  felice kirsh,  trusts,  trusts and estates toronto,  wills

Felice Kirsh and Elizabeth Bozek co-authored an article published in the March 2, 2012 edition of The Lawyers Weekly. In "Uncertainty over trustee reimbursement", the correctness of the decision of the Honourable Justice Lofchik in DeLorenzo v. Beresh, [2010] O.J. No. 4367, where he ordered the estate trustee to repay to the estate funds withdrawn to pay his ongoing legal fees, was called into question. This was because of the unreported leave to appeal motion heard by the Honourable Justice Lococo,  who noted that,

“on general principle, it is open to serious debate whether an estate trustee should be ordered to repay legal fees paid by the estate on an interim bass relating to the passing of accounts, including where the accounts are contested by the beneficiaries, as in this case.”

Ms Kirsh was counsel for the estate trustee in the leave to appeal motion.