Information About Wagner Sidlofsky LLP
- Severing A Joint Tenancy by Course of Dealing
One of the most important features of a joint tenancy is the right of survivorship. The right of survivorship means that when one of the owners dies, his or her interest in the property passes to the other named owner. To avoid this result and have an ownership interest pass to an estate, the joint … Read more »
- A Monitor in Estates Proceedings? A case review of D’Angelo Estate
In D’Angelo Estate, Re, the Court held that it had jurisdiction to appoint a monitor to supervise the actions of the co-executors and ensure that the Estate was properly administered. Justice Quinn relied on the court’s discretion to attach conditions to the grant of probate, as are necessary, to ac … Read more »
- Equitable fraud – an overlooked arrow in the lawyer’s quiver?
The doctrine of undue influence is frequently employed to attack gifts. However, can the doctrine of equitable fraud apply when the requirements of undue influence are not otherwise met? That is the subject of this blog. The post Equitable fraud – an overlooked arrow in the lawyer’s quiver? appeared … Read more »
- Where do I apply for Probate? Where do I challenge a Will?
Rule 13.1 of the Rules of Civil Procedure (the “Rules”) specifies where proceedings (which includes applications and actions) are to be commenced. The post Where do I apply for Probate? Where do I challenge a Will? appeared first on Wagner Sidlofsky – Toronto Law Firm. … Read more »
- Declaration with no consequential relief not subject to limitations
In Piekut, the court determined that a codicil to a will was valid notwithstanding that the application was commenced more than two years after the applicant discovered the codicil’s existence. Justice Dietrich made this determination despite case law that stands for the proposition that a party see … Read more »