Ontario Court of Appeal Finds that Two-Year Limitation Period Applies to Estate Property Claims

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In Thiessen v. Thiessen Estate, the Court of Appeal confirmed that the Trustee Act’s two-year limitation period governs all claims against estates arising from the deceased’s actions, even when those claims involve real property (with limited statutory exceptions). Background The Plaintiff/Respondent was the husband of the Deceased.  The Husband and the Deceased were married in 2014.  Before they were married, each owned their own home. They decided that, after marrying,….

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Estate Litigation

The Hidden Work Behind a Probate Application

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Does anyone know the current processing time for probate applications in                 ? Fill in the blank with the Ontario court location of your choice – it is a question that comes up frequently in our network of estates law clerks. So I was interested when I saw two recent articles in The Globe and Mail: “Even with a will, probate wait times can be all over the map” and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

The Modern Scholarship Foundation

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Independent post-secondary scholarships are one of the biggest new trends in philanthropy – and one of the oldest structures.  Ever since education became a core charitable purpose, providing students with access through financial aid has been a widespread charitable activity.  Educational institutions have thousands of endowed scholarships, many of them that attract estate donations. What’s different now? New Players The difference is the emergence of independent scholarship foundations.  Let me….

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Philanthropy/Charitable Giving

Appointing a Litigation Administrator for an Estate

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Where a party involved in litigation dies before it has resolved, it can create uncertainty as to who will continue to represent that person’s estate in the litigation. In the absence of a Will and a named estate trustee, the Court may appoint a litigation administrator if it is appropriate in the circumstances. In Azzi v. Kelly, 2026 ONSC 5774, such a situation was before the Court. The defendant passed….

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Estate Litigation

Family Business Succession: Beyond the Transfer of Shares

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This blog has been written by Pritika Deepak, Associate at Fasken LLP When family business owners think about succession planning, the focus is often on ownership. Who will inherit the shares? How should the business be structured? Can the transition be completed in a tax-efficient manner? These are important questions, but they address only part of the succession challenge. In many family businesses, the most valuable asset is not reflected….

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Business Succession Planning, Succession Planning

SMART AGEING, SMART ESTATES. Episode 3: Why You Need a Lifestyle Plan

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Most estate plans focus on what happens to your assets after you die. Far fewer estate plans address an equally important question: how do you want to live if your circumstances change before you die? If you lose your independence before your death, who will help you manage your life? Episode 3 of Smart Ageing, Smart Estates explores the lifestyle plan, which is a practical companion to legal and financial….

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Estate Planning, Podcast, Smart Ageing
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