Wills, Trusts, & Estate Planning › Civil Procedure › Family Law

Carrigan Case: Supreme Court of Canada Dismisses Leave to Appeal

This morning, the Supreme Court of Canada dismissed the application for leave to appeal in Carrigan v. Carrigan Estate. As a result, the Ontario Court of Appeal’s new interpretation of the priority scheme for the payment of...more

The trustee is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.

The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more

Can’t Touch This: Recent Case, Tannen V. Tannen, Illustrates The Importance Of Protecting Your Wealth In A Divorce Proceeding

A trust is a flexible estate planning tool that individuals can use to achieve multiple goals, including the management, preservation, and tax-efficient distribution of wealth. Although many individuals focus on the...more

Court Affirms §2035 Three Year Rule Applies To §2519 Termination Of QTIP Trusts

For those of you with a great memory, you will remember that in December 2009 we wrote about the case of Morgens v. Commissioner. For those with a more typical memory, you can read the original post on the case here. In...more

Cook Islands Asset Protection Trustee Subject To New York Courts Jurisdiction

Southpac is a trust company that operates in several non-U.S. jurisdictions, including the Cook Islands and Nevis. Not by coincidence, the Cook Islands and Nevis have aggressive asset protection laws that seek to attract...more

Illinois Supreme Court Sets Civil Argument Schedule for May

Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are... ...more

Legal Writing Sample

Sample legal writing document of a Motion for Summary Judgment. This was based on a law school exercise case....more

New Pennsylvania Rules Require Immediate Appeals in Matters Involving Trusts, Charities, and Other Proceedings Heard by...

On February 13, 2012, new amendments to the Pennsylvania Rules of Appellate Procedure took effect and made substantial changes to the right to appeal from orders entered by Pennsylvania’s Orphans’ Courts. The...more

Turbervilles Private Client Newsletter - Autumn 2011

Welcome to our autumn newsletter. In this edition, we are pleased to tell you about how Turbervilles has been awarded the Law Society’s prestigious Conveyancing Quality Mark, meaning that the high standards of our...more

Wealth Management Update - July 2011

In This Issue: - July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Malpractice claim against an estate was too uncertain to be deductible as...more

Stegeman v Lillig

Appellant's Brief

After three and a half years to file an Appeal, a disabled, pro se litigant, filed the instant Brief. Since the matter had to do with fraud upon the court by officers of the court to obtain rulings in their favors, we really...more