It is possible to challenge an executor's claim for compensation even if the claim is for the standard percentage. Matthias Duensing explains how: http://www.advocatedaily.com/matthias-duensing-what-happens-when-a-trustees-claim-seems-excessive.html
Not naming an executor can be costly for the beneficiaries. Potrzebowski v. Potrzebowski, 2016 ONSC 6981 (CanLII), illustrates the pitfalls of not naming a trustee. Details at http://www.advocatedaily.com/matthias-duensing-not-naming-an-executor-can-add-cost-complications.html
The case of Prince v. Nytschyk Estate, 2016 ONSC 7459, is another reminder that everybody should have a will. My review of this case can be found here
Introduction For anyone contemplating legal action, limitation periods are one of the most important rules to understand. A limitation period is the time within which a person must commence a legal claim. The “limitations clock” starts running at some defined event, such as the date of an accident or a... read more →
The Canadian Lawyer Magazine shortlisted Duensing Law for Top Ontario Wills & Estates Boutique firm in its annual survey. For details please click here.
My article summarizes the decision in Poitras Estate v Poitras, 2016 ONSC 5049. The courts can void wills that are executed in suspicious circumstances, or order that an estate make adequate provision for a deceased person’s dependants if a will fails to do so. The article can be found at... read more →
Matthias Duensing was recently published in Lawyers Weekly with an article on the scope of title insurance policies. The article can be downloaded here.
The CBC recently reported that Apple demanded that a 72-year-old Victoria widow obtain a court order to retrieve her deceased husband’s password for his Apple ID so she could play games on an iPad. While this request appears outrageous at first sight, one has to understand the legal framework surrounding... read more →
An expectant beneficiary can't remove an individual appointed as estate trustee under a Last Will prior to the death of the testator/testatrix. For full details click on the following link: http://www.advocatedaily.com/expectant-beneficiary-cant-remove-trustees-in-pre-death-dispute.html
Matthias Duensing was interviewed by Law Times on the new EU succession regulations. A copy of the article can be downloaded here EU succession rules.