header-logo header-logo

13 May 2010 / Michael Tringham
Issue: 7417 / Categories: Features , Wills & Probate , Intellectual property
printer mail-detail

Silence proves costly

Michael Tringham examines recent cases across the seas

Oh, brother!

Wise words from Canada, designed to encourage negotiation rather than litigation, are reported in Deadbeat, a publication of the Ontario Bar Association. As John O’Sullivan, a litigation partner at Toronto law firm Weir Foulds LLP, sums them up: costs will not be routinely ordered out of the estate and parties “cannot treat the assets of the estate as a kind of ATM bank machine...”.

His comments follow an unreported decision by Justice Pitt of the Ontario Superior Court in Estate of Elizabeth Gyetvan. Elizabeth Gyetvan had left three parcels of real estate to her two sons, the co-executors and sole beneficiaries of her estate. The properties had still not been transferred to the sons more than four years after Elizabeth’s death because of bitterness between them. One brother applied for a declaration that the properties had vested by virtue of s 9 of the Estates Administration Act, for an order requiring the land registry office to register the brothers’ ownership, and for an order for the sale of all three properties under the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll