Blumberg Segal LLP

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June 21, 2016 | By: Ronald Segal

Court Rules That Executor’s Reliance on Co-Executor is No Defence to Negligence

In a recent decision, the Ontario Superior Court of Justice has held that an Executor was negligent in carrying out her duties as an executor and trustee of the Estate, and was personally liable to compensate a beneficiary, when she relied on her Co-Executor to establish a trust fund for the beneficiary as required by the Will, but where the trust fund was never established and the Estate funds intended for the trust fund were dissipated by the Co-Executor.

September 24, 2015 | By:

Unborn Child and Surviving Mother Entitled to Dependant Support under Ontario’s SLRA

In this recent decision, Dagg v. Cameron Estate, of the Ontario Superior Court, the Honourable Mr. Justice Bale discussed whether a child who had not been born at the time of his father’s death and/or the mother of that child were entitled to dependant support from the father’s estate.

April 29, 2015 | By:

Controversial Ruling Sets Aside Will for Being Contrary to Public Policy

In Spence v. BMO Trust Co., 2015 ONSC 615, the Honourable Justice Gilmore of the Ontario Superior Court reasoned that it is against public policy for a testator to disinherit an adult child for a reason that runs contrary to public policy.

August 18, 2013 | By:

Onus to Prove Fraud In Estate Litigation Rests on the Party Making the Allegations

The Ontario Superior Court of Justice recently held in an Estate Litigation matter, Hill v. Hill [2012] O.J. No. 4891, that allegations of fraud must be proven by the alleging party in order to be successful, and simply asserting such allegations of fraud, without proper supporting and corroborating evidence would be fruitless, as the court requires a high degree of certainty to prove such serious allegations.