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Dorothy Hagel, Barrister & Solicitor, and her team at Hagel Lawfirm successfully represented the applicant in an estate dispute, Drennan v. Drennan, 2024 ONSC 3905. The applicant, the daughter of the deceased, is entitled to 50 percent of the residuary estate under her father's will. Her brother received 25 percent, and their niece and nephew shared the remaining 25 percent. However, the respondents argued that the estate should be divided equally into three parts. Due to the brother's continued inaction in administering the estate, the applicant sought to remove him as estate trustee or, alternatively, to appoint an Estate Trustee During Litigation (ETDL). The court noted that the brother's ongoing inaction led to further complications, including the mortgage on the deceased's house falling into arrears. Consequently, the Ontario Superior Court of Justice appointed an ETDL to manage the estate's assets during litigation. The court awarded $60,000 in costs (substantial indemnity costs) to the applicant due to the respondents' abuse of the litigation process, including making unsubstantiated accusations and delaying the proceedings. Additionally, the court allowed the applicant to recover the interest on her litigation loans as a disbursement, recognizing that these loans were necessitated by the brother's failure to administer the estate properly. Please Note: This Post is for information purposes only and should not be considered as legal advice.
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