The recent decision in Lewicki v. Bascus et al., 2025 ONSC 6224 reiterates the duties lawyers and attorneys for property or personal care have to vulnerable persons. Attorneys have a duty to refrain from influencing vulnerable persons with their personal opinions to further their own self-interest. Lawyers have a duty…
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When there is any concern that a client cannot capably make their own decisions about their financial or legal matters, it is important for a planning professional to inform their client that a person typically cannot self-identify whether they are incapable to make decisions. That person will need to rely…
Are will challenges easier when there are charitable beneficiaries? Moreover, if there are more charities named in the will does that heighten the likelihood of legal contest? This is the kind of “shop talk” that happens when charitable gift planners get together with trust professionals and lawyers. One lawyer told…
In the recent decision of Pitt v. Beattie, 2025 ONSC 5654 (CanLII) (“Beattie”), the court considered the rule in Saunders v. Vautier and whether the sole beneficiary of a trust could demand a larger distribution than the trustee was willing to provide. In Beattie, the last will and testament provided…
As part of a good estate plan for a business owner, it is important to ensure the business documentation is current and easily accessible to the executor. Keeping up-to-date documentation will minimize the risk of an oversight by the executor or a mistake resulting from obsolete documentation. What documents should…
A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The…
The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
The recent decision in Bayliss v. Burnham, 2025 ONSC 5376 provides insight into how estate issues involving the Indian Act (the “Act”) are resolved. Kenneth Ryan Hill (“Kenneth” or the “Estate”) passed away from natural causes on January 18, 2021 in Miami, Florida. Kenneth was a status Indian registered under…
Solicitor-client privilege is a fundamental legal principle that protects communications between lawyers and their clients. This principle allows clients to speak freely in front of their lawyers without fear of their conversations being disclosed to anyone else. In the estates world, the question can sometimes become, what happens to solicitor-client…
There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who…