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

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll