The ‘Quantum Meruit’ Claim On An Estate

David A. Brooker, litigation lawyer with the Toronto firm of Steinberg, Morton, Hope & Israel LLP, explains the ‘quantum meruit’ claim on an estate. Sometimes people want to make a claim for services that they provided to the testator. The legal term is “quantum meruit”. Sometimes people take care of someone because they are promised [...]

Challenging a Will Based on Incapacity

David A. Brooker, litigation lawyer with the Toronto firm of Steinberg, Morton, Hope & Israel LLP, explains challenging a will based on incapacity. Often, when the issue on a will challenge is whether or not the testator had mental capacity ( that is, whether the testator to understand the terms of the will that’s being [...]

The Role of the Mediator With Regard to Contesting A Will

David A. Brooker, litigation lawyer with the Toronto firm of Steinberg, Morton, Hope & Israel LLP, explains the role of the mediator with regard to contesting a will. Generally, if you are going to contest a will, you need to start proceedings in the jurisdiction in which the deceased last resided, or if they have [...]

The Reasons For Deciding To Contest A Will

David A. Brooker, litigation lawyer with the Toronto firm of Steinberg, Morton, Hope & Israel LLP, describes some of the reasons for people deciding to contest a will. People will want to contest wills for many reasons. Sometimes there is a belief that there is another later will in existence or that the will that [...]

Why It’s Important To List Your Assets When Making Your Will

Many people, especially when they get older, don’t want to talk about wills and assets. But, even if you don’t want to talk about it, it’s a good idea to keep a list of your assets in your safety deposit box, with your lawyer, or attached to your will, including a description of them and [...]

Explains Why, If You Feel You Have A Claim Against An Estate, You Should Act Quickly

I would advise that you see lawyer as soon as you think that something is unfair. He or she can give you advice and say either you are right or you are wrong. A lawyer with a few questions may be able to determine whether there is something to your concerns or not. If you [...]

How An Executor Or Estate Trustee Is Appointed

If there is no will, a family member may fill the role of estate trustee, which is the legal title of the person we refer to as the executor. The person needs to make an application to be an estate trustee,. If the person obtains the consent of the majority of people entitled to a [...]

How Mediation Works As A Way Of Resolving A Lawsuit

Mandatory mediation is called for in about 95 percent of the cases that happen in Toronto. There are other courts in Ontario that have mandatory mediation as well, but it is common to go through this process in Toronto before a case goes to trial. Mediation is a way of trying to resolve matters before [...]

What To Do When You Receive A Statement Of Claim That You Are Being Sued

When someone receives a Statement of Claim that they are being sued, the first thing they should do is call a lawyer and take action. If it’s an actual court action, as opposed to just an application, then you need to respond right away because there is a time limit from the day you’re served [...]

The Use Of Experts In A Lawsuit Case

It’s not unusual for a lawyer to rely on the advice of experts in other fields, and in the case of a lawsuit, to call in financial experts to go over the books and give their advice on where the case stands. Sometimes, other experts are required for reasons other than financial expertise. For instance, [...]

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