«You end up with
the same estate administration...
Not exact matches
According to Mulrow, the Cuomo
administration is waiting on a construction union and a real
estate trade group to replace the controversial property - tax exemption called 421 - a, even after the two groups failed at the
same task last year.
Under Section 59 of the
Estate Administration Act, a personal representative of a deceased claimant may continue or bring and maintain an action for a loss or damage to the person or property of the deceased in the
same manner and with the
same rights and remedies as the deceased, except for certain actions such liable and slander, pain and suffering, and loss of expectancy of earnings.
[21] Furthermore, the fact that the plaintiffs retained the
same legal counsel to act for them in regard to the wills variation action and the
administration of the
estate does not amount to a waiver of solicitor - client privilege.
The decision of Chang v. Lai
Estate 2014 BCSC 128 discusses these competing principles in the context of the advice re a wills variation action was also in the same file as advice and documentation relating to the administration of the e
Estate 2014 BCSC 128 discusses these competing principles in the context of the advice re a wills variation action was also in the
same file as advice and documentation relating to the
administration of the
estateestate.
Both sides cited cases which stand for the
same basic proposition: A beneficiary has a proprietary interest in and is entitled to production of documents relating to advice sought and obtained by a trustee in connection with the
administration or management of, for instance, a pension plan, or an
estate (see Froese v. Montreal Trust Co. of Canada [1993] B.C.J. No. 1529 (S.C.), aff'd [1993] B.C.J. No. 1847 (C.A.); Re Ballard Estate [1994] O.J. No. 2281 (Gen.
estate (see Froese v. Montreal Trust Co. of Canada [1993] B.C.J. No. 1529 (S.C.), aff'd [1993] B.C.J. No. 1847 (C.A.); Re Ballard
Estate [1994] O.J. No. 2281 (Gen.
Estate [1994] O.J. No. 2281 (Gen. Div.)
The fact that Mr. Takahashi kept the
same file for both the wills variation litigation and the
administration of the
estate is unfortunate; however, it does not evidence a waiver of solicitor - client privilege by his clients qua plaintiffs in the wills variation action.
While the cases have not yet examined whether the Macdonald
Estate principles apply with equal vigour to litigation privileged information as to solicitor - client privileged information, one would think that the
same result would apply despite the greater protection applied to solicitor - client information as the integrity of the
administration of justice requires that the opposing party not have access to either type of privileged information.
This year began with the
same unexpected slowness as 2016, and the market took a wait - and - see attitude as theories swirled about what the new Trump
Administration could mean for commercial real
estate.