Today’s Post written by Ashley Thornton, Articling Student, Gowling WLG (Canada) LLP Blended families, specifically those with stepchildren, in Ontario face unique estate planning challenges which are occasionally overlooked. If not planned for expressly, this may lead to unintended disinheritance or costly litigation. Drafting with intention is therefore essential. Clear…
Today’s post was written by Nina Fainman-Adelman, Associate and Ashely Thornton, Articling Student, Gowling WLG (Canada) LLP Resulting trusts is an equity-based tool for reallocating property when legal joint title does not reflect the intentions of a testator who held the property or account jointly with another individual. A resulting…
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP. Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the…
Ashley Thornton, articling student and Maddi Thomas, associate of Gowling WLG (Canada) LLP Choosing your executor (also called an estate trustee in Ontario) is one of the most consequential decisions you will make in the estate planning process. It’s not – or shouldn’t be – about rank in the family,…
Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income…
Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London,…
Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There is often an assumption that being in a common law relationship is no different than being married – marriage is just a formality, right? And in many aspects of life, perhaps this is true, but…
Article Written by: Ashley Thornton, Articling Student at Gowling WLG Recent decisions from the Ontario Superior Court of Justice and the Ontario Court of Appeal have shed light on when limitation periods begin to run in the context of different types of estate litigation. From professional negligence by estate lawyers,…
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net…
By: Maddi Thomas, associate and Sukhman Sangha, articling student Gowling WLG (Canada) LLP Mental capacity continues to be a growing area of focus in estates law. Capacity, defined under the Substitute Decisions Act, 1992 (“SDA”) as the ability to understand and appreciate decision consequences, is assessed through medical and…