Estate Administration

Total 518 Posts

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

Don’t Touch the Original!

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In Boyle v. Boyle, 2026 ONSC 4919, the court considered the validity of handwritten alterations to a will. William Robert Boyle (the “Deceased”) died on March 7, 2025. The Deceased left a typed last will and testament dated March 15, 2020. The Deceased was predeceased by his parents, had no spouse or children, and was one of 16 siblings, 9 of whom survived him. The Will left the residue to….

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Contested wills, Estate Administration, Estate Litigation, Estate Planning

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

What Happens When a Will is Missing an Important Clause?: Lessons From Kentros v. Kentros

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A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This issue was considered in Kentros v. Kentros, 2026 ONCA 546. This case is a useful reminder of the difficulties that can arise when a will does not accurately reflect a testator’s intentions and raises important questions about the limits of a court’s ability….

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Estate Administration, Wills

But Google Says… The Executor’s Guide to Late-Night Googling

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Accepting an appointment as executor is a bit like agreeing to assemble a complicated piece of furniture without realizing the instructions are 300 pages long, several pieces are missing, and everyone in the family has a different opinion about how it should be assembled. Most executors begin the process feeling confident and optimistic. They are organized. They are capable. They have a plan. A few months later, they are searching….

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Estate Administration, Estate Administration and Probate Applications, Executors

Hidden Risks of a Do-It-Yourself Codicil: Schickedanz v. Schickedanz

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This blog was co-authored by Latoya Brown, Associate and Elyse Mitchell, Student-at-Law at Fasken LLP Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. In Ontario, a holograph will or codicil is valid if it is entirely in the testator’s handwriting and signed by the testator. That simplicity often makes holograph documents attractive. The recent Ontario Court of Appeal decision, Schickedanz v. Schickedanz,….

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Estate Administration, Estate Litigation, Family Conflict, Farm, Undue influence
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