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Guarding Legacies in Blended Families: Cautionary Tips for Will Drafting

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On the left half of the image is a photo of a mother and teen walking into a dorm room. On the right side is a woman on a couch with retirement home staff.

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 definitions, explicit beneficiary designations, and coordination of all parts of the estate plan (including beneficiary designations on registered accounts and….

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Estate Planning, Wills

Presumption of Resulting Trusts: Lessons from Atkins v Chamberlain for Joint Accounts

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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 trust responds to the absence of donative intent: equity presumes that a transferor did not intend to make a gift….

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Estate Administration, Estate Litigation, Joint Tenancy

Is it fair and reasonable to expect executor compensation?

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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 Trustee Act (Ontario) is that a trustee (which includes an executor) is entitled to fair and reasonable compensation for their….

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Compensation, Estate Administration

Who Should Be Your Executor in Ontario? Avoiding Conflict and Ensuring Good Governance

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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, or feelings. Rather, it is about appointing a person who is competent, neutral, trustworthy, and willing to carry out your….

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Executors, Wills

Spousal Trusts Without the Trust Issues: Picking the Right Trustee – A Primer and Reminder

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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 produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass…..

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Estate Administration, Estate Planning, Executors, Spouse, Trustee, Trustee Disputes

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

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Adult daughter and her mother drinking tea and chatting

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, Ontario.  His capacity to manage personal care was put into dispute in the application.  The applicant was Bill’s wife Gwen….

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home? Continue Reading »

Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare, Power of Attorney
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