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... 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... read more →
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... 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:... read more →
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.
LAWPRO recently released a video that illustrates what happens if you die without a will. Generally, if you die without a will, you will lose control over what happens when... read more →