Recent Ontario Decisions on Dependant Support

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Two recent Ontario decisions – Curd v. Pare, 2026 ONSC 2430 [Curd] & Allmendinger v. The Estate of Heather Ruth Brown, Deceased, by its Estate Trustee, Garry Cass, 2026 ONSC 4710 [Allmendinger] – offer a useful contrast in how courts determine whether a spouse qualifies as a dependant under Part V of the Succession Law Reform Act (“SLRA”). In Curd, a claimant remained legally married to the deceased at the….

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Dependant Support

Introducing the SMART AGEING, SMART ESTATES Podcast

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All About Estates has launched SMART AGEING, SMART ESTATES, a new podcast examining the intersection between estate planning and lifestyle planning. The podcast is co-hosted by Justin de Vries, a lawyer, founder of All About Estates and principal of de VRIES LITIGATION LLP, together with Susan Hyatt, Chair and CEO, Co-founder of Silver Sherpa .  de VRIES LITIGATION LLP specializes in estate, trust and capacity litigation, as well as estate….

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Podcast

Buying Property Abroad? Consider these Estate Planning Issues First

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This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills

Part II: When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   In part one of my post on family trusts and the Family Law Act, I looked at how Ontario courts look beyond formal trust structures to the substance of the trust, particularly when they are deciding whether a discretionary trust interest forms part of net family property or if it should be treated as a….

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Courts, Family Conflict, Trusts

The Importance of Contemporaneous Evidence: Perriam v. Pereira

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When capacity is challenged the challenger must rebut the presumption of capacity with evidence. The evidence must support a finding that, on a balance of probabilities, the person was incapable when the decision was made or the task performed. In Perriam v. Pereira, 2026 ONSC 3180 (“Perriam”), the questions before the court were whether the grantor was capable when he executed a power of attorney for property (the “POA”), and….

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Uncategorized

No-Contest Clauses and Executor Removal: Lessons from Franklin Estate (Re), 2026 NLCA 30

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Thomas Witteveen, Associate, Gowling WLG(Canada) LLP Can a beneficiary try to remove an executor without losing their inheritance under a Will that contains a no-contest clause? The Court of Appeal of Newfoundland and Labrador (the “Court”) recently considered such issue in Franklin Estate (Re), 2026 NLCA 30, a decision that clarifies the legal test courts must apply before enforcing a no-contest clause in a Will. The Facts John Leslie Stephen….

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Estate Litigation
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