Taking on the role of an estate trustee can be a difficult one. The tasks typically involve gathering in and managing assets, determining liabilities, and moving the administration of an estate forward until it is time to distribute the net assets to the beneficiaries. While there is a general principle…
The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind…
This blog post was written by Mohena Singh, Associate at Fasken LLP In the realm of family law and financial planning, the case of Klemensiewicz v. Klemens et al sheds light on the intricacies of familial financial support, particularly the distinction between gifts and loans. Often as estate planners, we see that individuals…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process…
Artificial intelligence seems to be all the rage. However, even with all of the technological advances and shortcuts which may now be available, counsel has an overriding and fundamental duty to not mislead the Court. Justice Myers’ recent decision in Ko v. Li, 2025 ONSC 2766 forcefully affirms this principle,…
This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In…
Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack…
On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will…
Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me…