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…
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Few Canadians have forgotten the devastating impact of the COVID-19 pandemic on residents and staff in the long-term care sector. With our aging population, significant pressures continue to mount on an already stressed system, where staffing shortages and outdated facilities persist, along with rising numbers of people requiring more complex…
A recent decision of the British Columbia Court of Appeal in Lewis v. Jack, 2026 BCCA 18, provides helpful guidance on will interpretation. The case focused on whether the testator’s gifts to his children vested at the time of his death or later, when the residue of the estate was…
Section 6 of the Ontario Substitute Decisions Act (SDA) sets out: “A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably…
In 1787, Josiah Wedgwood, the British ceramics manufacturer, created an anti-slavery medallion in its classical, low-relief house style. This medallion is the OG protest button, and it was circulated free to abolitionist societies to be pinned to clothing of reformers. It starts a trend that has influenced the world of…
Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the…
In recent years, Ontario courts have placed increasing emphasis on the moral obligations owed to dependants when assessing claims under Part V of the Succession Law Reform Act (“SLRA”). While testamentary autonomy remains a fundamental principle, recent decisions show that courts are prepared to intervene where a will fails to…
This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached…
As an estates law clerk, when I begin work on a new estate administration file, one of the first things I do is read the deceased’s obituary. It isn’t a legal document like the Will, but it often provides valuable background information about the deceased and helpful context about family…
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…