Category: Litigation
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Can A Trustee Go To Jail For Stealing From Trust
Yes, a trustee can go to jail for stealing from a trust, as such actions are considered theft or embezzlement under the law. Legal consequences include criminal charges, fines, restitution, and possible imprisonment, in addition to civil liability requiring repayment of the stolen assets. Courts may also remove the trustee and impose additional penalties to […]
Penalty for Stealing From an Estate in Canada
The penalty for stealing from an estate in Canada can include criminal charges for theft, fraud, or breach of trust, with consequences such as fines, restitution, and imprisonment under the Criminal Code. The severity of the penalty depends on factors like the value of the stolen assets, the offender’s intent, and whether the person was […]
What Are Court Appeals
Going to court can be stressful because of the complex documents, arguments, and uncertainty of the outcome. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine […]
| Articles, Contract, Costs, Litigation, Probate
How to Calculate Capital Gains on Inherited Property in Canada
Short answer: In Canada, you don’t inherit a capital gains bill directly — the estate does. The CRA treats the deceased as selling everything at fair market value the moment before death, and half of any gain is taxable on their final return. A principal residence exemption or a spousal rollover can reduce or defer […]
Probate Fees Calculator
A probate fee calculator is a tool that helps estimate the fees an executor must pay to the court when administering a deceased person’s estate. In British Columbia, probate is the legal process by which the court validates a will and authorizes the executor to manage and distribute the estate. Using a probate fees calculator […]
Can An Executor Decide Who Gets What?
Can an executor decide who gets what? In most cases, the answer is no. An executor must follow the will and the law, which means they cannot simply choose who receives the estate’s assets. If you have been given the important role of acting as executor for the estate of a deceased, and you are […]
What is Estate Litigation?
Estate litigation can be many things. It can be stressful and emotional. It can be time-consuming and costly. Many hope to avoid the litigation process altogether. But the bottom line is that in some situations, estate litigation is absolutely necessary to secure justice and ensure that a loved one’s final wishes are respected. You don’t […]
What is Litigation Privilege in British Columbia?
What do you have to disclose in the context of court proceedings? Proper disclosure is important to the adversarial trial process. It can narrow the issues, encourage settlement, and decrease the time and expense of litigation. But certain documents and communications contain sensitive information that you may want to keep private. Several different types of […]