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…
In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v…
We are living in an age of personal philanthropy defined by larger donations and more donor choice. Increased flexibility is the key feature of this age – especially through charitable structures like private foundations and donor advised funds. Historically, charitable donations and structures been defined by restrictions and controls. Here…
A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of…
It is not uncommon for a person to execute their last will and testament many years, even decades, before they eventually pass away. It is also not uncommon for a person to move provinces, states, countries, etc. throughout their adult lifetime. In the estates context, that may result in various…
My friend Aneil Gokhale, Director of Philanthropy at the Toronto Foundation, has a talent for facilitating discussions about money. What messages do we inherit and how do they inform our inclination for, and approach to, giving? These messages are the software that influence future behaviour, including openness to giving to…
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…