I am my mothers executor. She died Nov 2012. In her will she…

I am my mothers executor. She died Nov 2012. In her will she stated that I could buy her cottage in Ontario for $100,000 less than value. I purchased her cottage in 2010 with a clear deed. My brother now contends that since the cottage was mentioned in the will then it becomes estate property. He is claiming that the cottage is now worth considerably more and that he is entitled to his portion. He has a lawyer who seems to agree with his contention. He refuses to sign a release form until he is satisfied about the cottage.

This is from the lawyer;

Your mother transferred the cottage to you for the sole purpose of avoiding probate fees and to hold in trust for her estate. That is the way the SupremeCourt of Canada has viewed these transactions made by elderly parents. The Supreme Court of Canada has laid down a test that states that a trustee in your position must prove to the court that you are not a trustee for my client and your other brother. It is not up to my client to prove you are a trustee for him. My client does not have to prove anything. You are presumed to be a trustee until you prove otherwise to the B.C. Supreme Court. It does not matter that your mother signed a Transfer and it does not matter that you are shown as being the owner of the Cottage. You may be shown as the Registered Owner, but the law characterizes you as a trustee for all the beneficiaries. The Supreme Court of Canada decision was handed down to put an end to mischief caused by siblings who got on title to assets owned by an elderly parent, ostensibly to save on probate fees or to assist the parent in conducting regular transactions. Then once the parent died the sibling would change his or her tune and claim that the parent had gifted him or her the house, the bank account or other such asset that the sibling held jointly with the parent."

Is the cottage estate property?