Further, in
estate litigation there can be an award of costs in favour of a completely unsuccessful party against a completely successful party.
Not exact matches
Since MacDonald
Estate,
there has been deep consideration of solicitor - client privilege and
litigation privilege in the Supreme Court of Canada as can be seen from the following lengthy (and incomplete) case list:
An ETDL will usually be appointed when
there is a will challenge, but may also be appointed where
there is another other type of
litigation affecting an
estate.
The bank sought access to the deceased's monies to fund the
litigation on the basis that the executor had a duty to protect the
estate and its proper beneficiaries and because
there were tow wills, with testamentary capacity in issue, then it was proper for the
estate to indemnify the executor for their legal fees.
The history of recorded music is full of disputes between artists and their record companies so
there is no way of saying that
litigation would not have occurred, however if Tupac had created a Will Afeni wouldn't have needed to take Court action to establish that Billy was a «deadbeat dad» and was not entitled to a share of the
estate.
There are resolutions to avoid claims in particular areas of law (
litigation, corporate / commercial, real
estate, family law, wills /
estates and crimina) as well as resolutions to run an efficient and... [more]
In addition to practice management guidance and support,
there is detailed information on business corporation, civil
litigation, criminal law, employment law, family law, real
estate, sale of a business, and wills and
estates.
Reasons why
estate litigation is increasing Various experts speculated in the beginning of 2018 that
there would likely be an overall increase in
estate and probate
litigation, and their predictions seem to be -LSB-...]
There are certainly many reasons
estate litigation may occur after a person's death, and they can cause many challenges and issues that can draw out probate.
There is currently a good deal of
litigation arising in
estate disputes as to claims that lovers were spouses and not mere housemates.
There are various Tax minefields that I continuously come across in the course of my practice as an
Estate Litigation Lawyer, a lawyer who sues other lawyers for tax errors that cause losses and as an
Estate Trustee / Guardian / Attorney for Property.
Another situation is where
there exist reasonable grounds to question the execution of the will or the testator's capacity in making the will, because of the public interest in giving effect to «valid wills that reflect the intention of competent testators», or where the
litigation was necessary to ensure that the
estate is properly administered.
Aaron Street: Yeah I mean I think this can be taken too far, so if you had an example like Brad where he only represents criminal defendants and therefore
there's no risk of him having a conflict come through the site when he's getting actual information about actual cases, but you could see in a
litigation, let's say a family law lawyer, if their website were trying to collect information to provide tools as both an intake and access to justice solution that you potentially run into tremendous conflicts of interest problems
there and I think obviously any lawyer considering pursuing this for their firm should think through the implications of their particular situation, but I think what Brad's doing is awesome in the context of his criminal law practice and I think
there are versions of a similar model that could be used in something like your debt collection defense practice or a small business startup practice or an
estate planning practice, but that doesn't mean that it's a model that should be replicated by every lawyer in every practice.
The lawyers
there practice business
litigation, real
estate litigation and also handle insurance bad faith claims.
He articled with one of Canada's premiere
estate litigation law firms and practiced
there for three years before joining Eisen Law in the summer of 2016.
A deteriorating economic and property market dynamic will more likely result in losses being incurred by property investors, speculators and developers, and it follows that
there can be a greater propensity to take
litigation against professional advisers engaged in real
estate advice to endeavour to recover losses, and clearly where fundamentally it is felt the advice has been a contributory factor.
And it seems it doesn't matter what area of law you practice — civil
litigation, corporate - commercial, real
estate, family, criminal, immigration law, etc. —
there's always a bad egg out
there somewhere.
There, he was exposed to complex commercial and real
estate litigation, consumer claims and high - profile class action lawsuits involving millions of plaintiffs.
Until recently
there had been some questions in BC
estate litigation as to whether or not the presumption of resulting trust applies to gratuitous transfers of real property, in light of the provisions of the Land Title Act, section 31 that provides that under the... Read more
Whether it is real
estate, land use, business law, tax, environmental law, labor and employment law, intellectual property or
litigation, cyber security and data protection,
there is an attorney at Scarinci Hollenbeck who can offer the depth and experience to solve your problem in the most cost - effective way possible.
This is time and expense that can be saved if a list of assets is filed along with the will, as sometimes if someone suspects that
there are additional assets that the
estate trustee has not disclosed, and
there is no proof one way or the other, the
estate could end up in
litigation.
There, she represented low - income clients in a range of areas, including civil
litigation, criminal law,
estates and landlord and tenant disputes.
Mike's practice
there in Columbia focuses on probate administration and
litigation,
estate planning for individuals, and does some bankruptcy work as well.
«
There's a big white - collar practice, there's also real estate litigation, commercial litigation, and bankruptcy.&r
There's a big white - collar practice,
there's also real estate litigation, commercial litigation, and bankruptcy.&r
there's also real
estate litigation, commercial
litigation, and bankruptcy.»
If a firm can go back and look at all of its corporate transactions, commercial real
estate closings, commercial
litigation matters... whatever, it will find that
there is a consistency of time required and, accordingly, a consistency of price.
• In terms of using Trusts to reduce
Estate Duty, Capital Gains Tax, Executors Fees and other related costs upon death — this would remain intact (unaffected) • In terms of using Trusts to provide for a virtually seamless transition of wealth upon death to the next generation by avoiding frozen
Estate issues and bureaucratic delays — this would remain intact (unaffected) • In terms of using Trusts to reduce exposure to asset loss through
litigation / divorce and so on — this would remain intact (unaffected) • In terms of using Trusts to reduce Income Tax using the «Conduit Principle» — this would not be possible any longer, but
there are several other methods that can be used to reduce Income Tax.
As we discussed at the conference, antitrust is especially relevant to real -
estate professionals because (1) competitor brokers both compete and cooperate on a daily basis; (2) prices, and commission splits, are often announced and well - known; (3)
there is a history of tension and battles between a traditional business model and new business models (this can create antitrust
litigation in any market); (4) associations and cooperative Multiple - Listing Services (MLS) play large roles in the industry; (5) US antitrust enforcers, like the Department of Justice, have seriously scrutinized the real -
estate industry.