What I’m Reading: Interesting Estate Litigation Articles for January 2021

The following is a roundup of noteworthy articles published this month on estate litigation and related issues:

  1. Doreen So at Hull & Hull LLP (in Ontario) authored a two part post on a recent Ontario decision where the public guardian and trustee sought to remove an attorney (acting under a power of attorney), and set aside a $250,000 transfer to the attorney along with various other transfers totaling $350,000. The attorney breached her fiduciary duty by accepting the money: Part 1: https://hullandhull.com/2021/01/pgt-vs-cherneyko-part-1-context-and-timing-is-everything/ Part 2: https://hullandhull.com/2021/01/pgt-vs-cherneyko-part-2-breaches-of-fiduciary-duty-in-the-time-of-covid/
  2. WEL Partners (Toronto) continued their series on solicitor negligence in estates and trusts with several posts on the issue this month, including no. 8 – a review of a couple of cases on this issue: https://welpartners.com/blog/2021/01/solicitors-negligence-in-estates-and-trusts-context-no-8-case-review-mccullough-v-riffert-barbulov-v-huston-2010/
  3. Hull & Hull (Ontario) posted two articles about less common potential causes of lack of capacity:  lack of sleep (https://hullandhull.com/2021/01/can-sleeping-too-little-affect-ones-capacity/ by Suzana Popovic-Montag and Tori Joseph), and medication (https://hullandhull.com/2021/01/medication-and-mental-capacity/ by Nick Esterbauer)
  4. Janis Ko at Onyx Law discusses a case that serves as a reminder that an executor must remain neutral in a wills variation claim, https://onyxlaw.ca/bc-executors-fees-not-allowed-for-opposing-wills-variation-claim/
  5. Trevor Todd at Disinherited.com has compiled some pointers (with case references) for removal of a trustee: https://disinherited.com/removing-executors/removal-of-a-trustee-pointers/

Happy Reading!