This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the…
Category: Estate Litigation
Total 419 Posts
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…
This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime…
Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property…
It is well known that Canada is experiencing one of the most significant intergenerational transfer of wealth. With that comes growing estate planning complexity, a rise in estate litigation, and intensifying concerns about elder management and abuse. In 2025, five blogs from All About Estates clearly resonated with professionals grappling…
This blog post was written by Mohena Singh, Associate at Fasken LLP. The holiday season often brings cherished time full of gift exchanges, gatherings with family, and a break from work. Amid the festivities, it’s also an opportune moment to discuss estate and incapacity planning – a topic that, while…
In Haddock v. Haddock (2025 ONSC 6287), the court was asked to interpret a clause in the deceased’s 2012 will dealing with a bequest of her cottage to one of her three surviving children. The deceased died in 2022, leaving her children as co-estate trustees. Her estate consisted primarily of…
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…
This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Although almost 18 years have passed since the release of the decision in Pecore, questions about joint ownership of assets in estate planning continue to be the number one items raised by estate planning clients for…
This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will….