This blog post was written by Jihan Hosein, Estate and Trust Consultant, Scotiatrust Northern Prairies These are a few of my favourite things… what we can learn from the famous Sound of Music song? A bowl of plastic fruit on grandma’s kitchen counter, may seem inconsequential to some- but to…
Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls…
This blog post was written by Mohena Singh, Associate at Fasken LLP. An important question a person has to answer when planning their estate is, “who will be the estate trustee?” Sometimes this decision is taken lightly or a person may gravitate towards an obvious answer – “my spouse” or…
Maddi Thomas, Associate Gowling WLG (Canada) LLP Where a trust holds non-liquid assets that are to be distributed amongst multiple beneficiaries, how can the trustee ensure that their use of discretion was as fair, equitable, and diplomatic as possible? On a related note, when will a court interfere with a…
Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already…
Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount.
Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1] In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly…
Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate…
One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation…
Estate litigation is full of high emotions and recriminations, usually stemming from decades of family history. As a result, it is not unusual for a client to question their family member’s reason for commencing litigation against them: jealousy and revenge for some long ago slight are usual suspects. However, as…