Contact Us

Follow Us

Tag: <span>estate trustees</span>

The expensive consequences of being unreasonable in estate litigation

by Robin Spurr The recent case of Newlands Estate v. Newlands Estate highlights the need for proportionality in litigation, and the expensive consequences if you are not. The case centred around a painting that belonged to the father, which all the parties agreed was worth $30,000. $30,000 is nothing to sneeze at, but when it comes to litigation […]
Read More

Do the claims of dependants have priority over the claims of other creditors?

by Rob Levesque, Published: October 15, 2014 In the administration of any estate, one of the estate trustee’s first jobs is to identify potential creditors who might advance claims against the estate.  The general wisdom has always been that an estate trustee should make sure that he or she has held back sufficent funds from the […]
Read More

Estate Administration and Automatic Vesting

by Robin Spurr, Published: October 03, 2014 Automatic vesting is often an illusory concept and almost always comes as a surprise to the lay estate trustee. The rule as set out in the Estates Administration Act (EAA) is that real property vests in the beneficiaries three years after the death of the testator. Vesting means taking ownership of […]
Read More

Consider whether a passing of accounts is worth it

by Rob Levesque, Published: February 04, 2014 Felice Kirsh was recently quoted in an article on In “Consider whether a passing of accounts is worth it”,  Ms Kirsh emphasizes that beneficiaries of an estate should take time to consider, from a monetary point of view, what’s at stake before insisting on a passing of accounts.  Continue reading here.
Read More