Featured Articles

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... » Read this article

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 put forward, at the time... » Read this article

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 property in Ontario, where that... » Read this article

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 is being put forward isn’t... » Read this article

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 the location of your bank accounts and other investments.... » Read this article

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 have some type of suspicion or some reason to believe that something is wrong... » Read this article

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 share of the estate, then usually a bond will not have to posted, but... » Read this article

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 putting everyone through the expense of a trial. Probably... » Read this article

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