Posting this have not read fully, got to run- might have pertinent info?
Sealing One’s Fate: The Sherman Murders, Probate and Perseverance - de Vries Litigation
Some discussion..
Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #11
In the link provided above.... the first post:Posting this have not read fully, got to run- might have pertinent info?
Sealing One’s Fate: The Sherman Murders, Probate and Perseverance - de Vries Litigation
Some discussion..
Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #11
In the link provided above.... the first post:
It’s all sourced information in the Star, not tested in court, so we don’t know.
They had joint holdings, but we know at least the new home was in Honey’s name only.
My point was if this was staged to look like a m/s I would think the ‘murderers’ estate might be open to claims from the victim’s loved ones. Eg: Mary.
Not qualified to argue with you, stepping off here... : )
Lexiintoronto, Jun 25, 2019 Report
#1141 Like
This sparked a thought.. The family has vehemently been opposed to police intimating this crime was a M/S. If one of a married couple murders their other half, then that precludes the killer from receiving the Willed proceeds of the victim's estate.
Some have pondered the possibilities of who the murder(s) could be, with some suggesting it could not have been people included in the Will, since why would those bewneficiaries be opposed to police making a M/S determination.
I wonder if the estate has been frozen until the resolution of this double homicide has been solved, since.. what IF... ??
....
Weird that Donovan is representing himself.
RSBM
I don't think it is weird that BD is representing himself. It was probably super costly for his employer to hire lawyers to deal with it, and I believe it had already been appealed, and they'd lost. Meanwhile, BD has been heavily invested in following this case, has attended each court hearing, and probably knows what is needed and expected.. since as an individual, he is allowed to represent himself, it makes perfect sense to me. ie he couldn't have represented 'The Star', since he is not a lawyer, but doing it in his own name, he was able to do this.
The same people who would have frozen Wayne Millard's estate, once his son was charged with his murder. When someone dies, it is not uncommon for their finances to be frozen, so that nobody can get to them. Whatever was left, if anything by the time DM was charged, would have been frozen.. because in Canada, I believe it is not allowed that someone can benefit from someone's death, if they willingly caused the death. (ie The 'Slayer's Rule': Slayer rule - Wikipedia)Who would "freeze" the estate?
I think The Star was paying for legal representation at first.. but anyone who has seen the cost of lawyers in civil matters, I'm sure can appreciate the unbelievable cost involved.. I'm not sure at which point BD took over without The Star, but I'm thinking The Star likely spent a huge amount already, and probably felt they would get nowhere. Media seems to not be faring too well financially these days, considering all the closures and layoffs and charging for online stories, etc., so I'm thinking they were only willing and able to go so far with it. jmo.Considering it is a potential precedent that inhibits a free press I would expect to see some actual legal representation.
Perhaps if leave is granted, which is unlikley imo, he will obtain representation or their will be intervenor applications.
Well, you know what they say?? If you represent yourself, you have a fool for a lawyer!
With media being so 'open' to lawsuits, I'm sure they still have lawyers on retainers.
I assume that it might have been difficult for her to draw up a will simply because she had absolutely no idea what she actually had. Older couples are like that, the man owns everything, the wife uses credit cards to buy what she needs. But very little information is known by the wife.
A personal example, a few years ago I had to put both my parents in a seniors facility. My dad was losing his faculties quickly, and my mother wasn't a lot better. My mother had expressed concern that they wouldn't be able to afford to live in the expensive home for very long. I sat her down and explained that they had several million dollars in investments and were still bringing in over $100K in income. She looked at me like she was in shock. She had absolutely no idea. She knew they had money to maintain there simple lifestyle, but she just had no clue. I see Honey as being in a similar situation. She obviously knew they were loaded, but she probably had no clue as to exactly how much money they had or where it all was. Likely she was being used as a tax loophole, things being in her name for tax reasons only. So how could she possibly make a will?
Unless Honey did not read newspapers and magazines, she had to have some idea how wealthy they were. She had to be aware that they were one of the richest couples in Canada. When you are giving multiple millions to charity, it is not possible that you are not financially aware.
One would think that the original will would be kept at the attorney's office that helped prepare the will. My lawyer has the original of my will. But on reflection, I have been the trustee for three people (family members) and they all kept their original wills in safe keeping at home. As a future trustee, I also had a copy of their will and was told where to find the original.
I can no longer access the article(s) that I think named JS and Jack Kay as trustees for Barry's will. If anyone could confirm this, it would interesting to say the least.
Cannot recall if the trustees were named or not, but whoever they are, they really do not want to be publicly named, imo.One would think that the original will would be kept at the attorney's office that helped prepare the will. My lawyer has the original of my will. But on reflection, I have been the trustee for three people (family members) and they all kept their original wills in safe keeping at home. As a future trustee, I also had a copy of their will and was told where to find the original.
I can no longer access the article(s) that I think named JS and Jack Kay as trustees for Barry's will. If anyone could confirm this, it would interesting to say the least.
There is no legal requirement for Barry to approve of her will.
As I said above, people in like the Shermans would tend to keep it with a lawyer. That is the smartest with multiple trustees.
I think there were originally 4 in this case but Kay is no longer active.
Trustees- Glasenberg, Jonathan, j Kay, barrys son in law.
Don’t know who the executer(s) of the estate are, if different
