Probate is the process by which the validity of a Will is determined. When executors named in a Will apply for probate, they must establish that The testator satisfied the statutory age requirement to make a Will; The Will followed statutory requirements and had not been revoked; The testator knew…
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Total 631 Posts
Kira Domratchev, Partner, Gowling WLG (Canada) LLP In my first blog since returning from parental leave, I decided to keep it simple and discuss the importance of obtaining a judgment on settling a matter outside of the court (particularly given the set of facts present in the following case…
Throughout 2024 and into early 2025, the Courts released many riveting and groundbreaking decisions that have had an echoing effect throughout the estate litigation world. This blog will detail 5 of those decisions and cover a variety of topics and issues relevant to estate litigation and planning. A second blog…
This blog post was written by Dave Madan, Senior Manager, Scotiatrust With the tragic passing of Val Kilmer early this month, at the age of 65, we are reminded of the pressing challenges that professional advisors face in modern estate planning. Well known for his roles in Tombstone,Top Gun, Batman:…
The Ontario Rules of Civil Procedure may be dramatically changed. In January 2024, the Civil Rules Review (the “CRR”) was launched. The mandate of the CRR is extensive: to “conduct a comprehensive and complete review of the Rules and identify, through consultation, areas where targeted changes to the Rules would…
With all going on in the world right now, I figure we could all used some good news. Last week, CBC News published an article about Gerald and Coby Goguen, a couple from New Brunswick, who were able to pass away hand in hand earlier this year. Married for 41…
In the recent decision of The Estate of Joan R. McAteer, deceased, 2025 ONSC 1197, the Court outlined an attorney for property’s fiduciary obligations to account to the beneficiaries of the incapable person’s estate upon their death. When John Joseph McAteer died, attorneys for property managed the assets of his…
Recently, the world learned of the passing of actor Gene Hackman and his wife, Betsy Arakawa in what appeared to very strange circumstances. Initially, there were concerns that their deaths may have been as a result of carbon monoxide poisoning. Autopsy reports have later revealed that this is not the…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Managing and distributing household contents in an estate can be a daunting task, filled with both emotional and practical challenges. In this blog, we’ll explore the essential steps and considerations for handling household items in an estate, from…
This blog was written by Ruth Paul, student-at-law The recent decision in May v. Alsousi et al., 2025 ONSC 795 (CanLII) reiterates that when establishing a trust, attention should be paid to the legal requirements of that particular trust, as failure to do so risks denying a beneficiary access to…