Estate Litigation Blog

No Two-Year Limitation Period for Passing of Accounts

by Mitchell Rattner, Published: December 10, 2018

Tags: armitage v. the salvation army,  estate litigation,  fiduciary,  passing of accounts,  power of attorney,  trustee,  wall v. shaw,  wills and estates

The Ontario Court of Appeal has confirmed that there is no two-year limitation period to commence an application to pass accounts or to file a notice of objection to accounts.

Buzz Aldrin Guardianship Dispute & the Importance of Planning for Incapacity

by Mitchell Rattner, Published: June 26, 2018

Tags: estate litigation,  estate planning,  guardianship,  incapable,  incapacity,  power of attorney,  wills and estates

Apollo 11 astronaut Buzz Aldrin is suing his two children for improperly taking control of his finances. His children had previously brought a Court Application to have him declared incapable, and to have them appointed as his guardians for property.

As this litigation is unfolding, it is a good time to consider the importance of planning for future incapacity, and some benefits - and risks - of making Continuing Powers of Attorney for Property.

Powers of Attorney - Common Myths

by Mitchell Rattner, Published: March 16, 2018

Tags: estate litigation,  estate planning,  power of attorney,  wills and estates

Last November was the Ontario Bar Association's "Make a Will Month", and I spoke at Barbara Frum Library about the benefits of having a will. While a will is an important and effective tool for directing how your property is to be distributed following your death, powers of attorney enable you to authorize someone else to act on your behalf with respect to managing your property and/or making decisions concerning your health and personal care.

I recently read an article that contained inaccurate information about powers of attorney, and decided to clarify a few common myths.

Capacity to Enter into Contracts

by Robin Spurr, Published: April 25, 2016

Tags: capacity,  contract law,  estate litigation,  guardianship,  incapacity,  power of attorney

Incapable adults can be vulnerable to scam artists and people seeking to take advantage of them for their own personal gain.  There are legal ramifications for this, and steps you can take to prevent it.

Costs Award Against Power of Attorney Personally

by Robin Spurr, Published: November 06, 2015

Tags: bad faith,  costs,  estate litigation,  fiduciary duty,  litigation,  power of attorney

A recent Court of Appeal decision made it clear that when Attorneys for Property are faced with contentious family disputes, they must remember that their fiduciary obligation in litigation is not solely a question of financial benefit for the incapable person.  Rather, the Attorney must consider what is in the person’s best interests overall, which may include mending family ties and settling at an early stage.  Otherwise, unreasonable conduct could result in the Attorneys finding themselves personally liable for the legal costs.

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