An Alberta case Petrowski v Petrowski 2005 ABQB ordered the executor to produce medical records of the deceased pointing to her obvious conflict of interest
The applicable case law and test for the appointment and removal of committee or litigation guardian of a patient’s estate is the Supreme Court of
Stewart v Stewart 2016 BCSC 2256 dismissed an application to have an acting lawyer disqualified as counsel for having a conflict of interest. The court
I am typically attempting to set aside a transaction or a will and I often look to see if there was independent legal advice (ILA)
Passing over an executor utilizes essentially the same legal criteria as removing an executor except it occurs before the named executor starts to act in the
Rubin Estate v Rubin Estate 2017 ONSC 1404 dealt with an application of prohibiting Lawyer from acting for her siblings and mother who were being
Al- Sabah Estate 2016 BCSC 1781 both have a probate revoked and removed the administrator for both failing to disclose important information to the court as
In a Wills variation claim (now section 60, WESA) an executor cannot use estate funds to defend him or herself if a beneficiary, and may
Wills on occasion mention another document in existence that the will maker wants to be given effect in the terms of the incorporation by reference
Lawyers must at all times avoid any conflict of interest and be vigilante against it. Whenever a trust relationship exists, the common law imposes fiduciary