Estate Litigation Blog
by Elizabeth Bozek, Published: March 19, 2013
An article about Felice Kirsh was posted on AdvocateDaily.com. In "Decision reinforces difficulty removing estate trustees", Ms Kirsh comments on the recent decision in Hawkins v. Hawkins Estate. The Master refused to remove the estate trustee and noted that:
"In short it is the duty of the court to ensure the purpose of the trust is carried out and the testator's choice of trustes should not be lighly disturbed. Removal is essentially a last resort in cases where it can be shown that continuation in office will inevitably impede proper administration."
The decision provides a useful guideline in determining if a motion for removal of an estate trustee will be successful.
by Elizabeth Bozek, Published: March 18, 2013
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.
by Elizabeth Bozek, Published: July 16, 2012
Felice Kirsh can be seen discussing the benefits of medation in estates disputes on AdvocateDailyTV. She notes the benefits of mediation, which include:
(1) the case will be resolved much sooner than if it were to proceed to trial;
(2) the client will incur less costs by settling at mediation than proceeding to trial; and
(3) the parties are free to craft a settlement that may deal with the issues in a more creative way than would a judgment by the court.
Nine out of ten estate litigation cases settle at mediation.
by Elizabeth Bozek, Published: May 23, 2012
Felice Kirsh was quoted in an article published on AdvocateDaily.com, entitled “Resist ‘ruling from the grave’, says Felice Kirsh”. She cautions testators who may try to exert control over their estates long after they die, and suggests they seriously consider the potential issues arising from ongoing estate administration and the exercise of trustee discretion.
by Elizabeth Bozek, Published: March 26, 2012
Rob Levesque will be giving a case comment at the March 27, 2012 OBA Estates and Trusts Section Tax Lunch on Re Young Estate,  O.J. No. 206 (S.C.J.), a case that is noteworthy for its discussion of the functions of a corporate trustee, and the principles that apply to the compensation of corporate trustees.
by Elizabeth Bozek, Published: March 01, 2012
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,  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.
by Elizabeth Bozek, Published: February 29, 2012
Felice Kirsh was quoted in an article on AdvocateDaily.com entitled "Don’t rely on inheritance, Kirsh warns baby boomers", in which she advised that baby boomers should not rely on receiving windfalls from family members in their financial planning, but should instead "Plan your finances as if you're not going to inherit money". The full text of the article can be read here.
- Difficulty in removing estate trustees
- Appointed attorneys have a difficult job
- Attorneys for property often under the microscope
- Bar Admissions Spring 2012
- OBA Section Program - Summary Judgment
- Brian Schnurr, Felice Kirsh and Jordan Oelbaum named to Best Lawyers 2013
- OBA Institute 2013
- Bar Admissions Fall 2012
- 15th Annual Estates and Trusts Summit
- Mediation in estates disputes
- OBA Estates and Trusts Dinner
- Resist 'ruling from the grave'
- Bar Admissions
- Annotated Guardianship Application
- Dinner with your Honourable Estates List Judges 2012
- Valid holograph will
- Corporate trustees
- Uncertainty over trustee reimbursement
- Don't rely on an inheritance!
- The Family Cottage
- How to be a good client
- Trust Company Best Practices
- Guardianship applications under the SLRA
- Dinner with your Honourable Estates List Judges
- 14th Annual Estates & Trusts Summit
- Disinheriting the "Black Sheep"
- Brian Schnurr and Felice Kirsh named to Best Lawyers 2012
- Preliminary Considerations in Dependant Support Applications
- "Diminished Capacity" vs "Lack of Capacity"
- Dependant support obligations for common-law spouses
- How to choose an Estate Trustee
- Best Lawyers Awards Brian A. Schnurr 2011 Lawyer of the Year, Trust and Estates - Toronto
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