Estate Litigation

Bradshaw v. Hougassian et al.: Understanding Resulting Trusts and the Requirements of Section 13 of the Evidence Act in Estate Disputes

Introduction: Understanding Beneficial Ownership in Estate Disputes Property disputes, particularly within families, often bring forth the tension between beneficial ownership and legal ownership. Beneficial ownership arises when someone has a financial or equitable interest in a property despite not holding...

By Yasmin M. Vinograd of Merovitz Potechin LLP on Thursday January 2, 2025.

Gratuitous Gifts – Was It a Gift? – Part 2 of 2

In my previous post I wrote about gratuitous gifts and how the Pecore principle has been expanded by the Courts to include transfer between unrelated parties. Today's post will delve deeper into the intricacies of a recent decision from the...

By of Merovitz Potechin LLP on Friday May 3, 2024.

Gratuitous Gifts – Application of Pecore Principle Beyond Family Ties – Part 1 of 2

The legal landscape is often complex, with principles that seem specific in scope. However, sometimes these principles have far-reaching implications that extend beyond their initial context. One such example is a well-established principle from the Supreme Court of Canada’s 2007...

By of Merovitz Potechin LLP on Tuesday April 16, 2024.

The Annotated Guardianship Application 2024

In the earlier stages of my career as an estate litigator, the annotated guardianship application program, offered by the Law Society of Ontario, was one of the programs I found most useful to my practice. It contained precedents which covered...

By Yasmin M. Vinograd of Merovitz Potechin LLP on Wednesday March 13, 2024.

Do Beneficiaries Have Rights in Ontario?

Strictly speaking, beneficiaries of a deceased’s estate do not have “rights” per se.   Beneficiaries are not entitled to do any of the things that an Executor or Estate Trustee is obligated to do.  Beneficiaries are, however, entitled to an accounting...

By Merovitz Potechin on Friday July 14, 2023.

What can you do when your loved one doesn’t provide for you in their Will?

Did you know that, in certain circumstances, if your loved one doesn’t provide for you in their Will, you can make what is called a “Dependant Support Claim” against their estate? This is an exception to what is known as...

By Merovitz Potechin on Monday April 3, 2023.