All About Estates

The Regrettable Gift

An elderly parent may add their adult child on to title of their home for various reasons including avoiding probate but as a recent case demonstrates there are risks in doing so. The Applicant was the 88 year old mother of the Respondent. In 2009, she and her late husband…

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Estate Freeze & U.S. Citizens

Before recommending an estate freeze to a client, advisors should first ask them a simple question: Are you a U.S. citizen? By failing to ask this question, advisors may be overlooking significant cross-border tax implications. While an estate freeze can be an effective tool for succession planning, it can come…

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How Far Does a Power of Attorney for Personal Care Go? Limits Reaffirmed in Orr v Orr, 2025 ONSC 4986

Today’s Post by Brianna Fable-Watson, Articling Student at Gowling WLG | Gowling WLG Ontario courts continue to emphasize that the authority granted to attorneys for personal care is legally constrained and subject to competing statutory rights, particularly in long-term care settings. The decision in Orr v Orr, 2025 ONSC 4986…

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A Novel Approach to Locating Missing Heirs

Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply…

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Dust Off The Shareholders’ Agreement

It is common to suggest shareholders enter into a shareholders’ agreement, where each shareholder assumes certain rights and obligations relating to the business of the corporation. The shareholders’ agreement typically includes provisions dealing with the management of the business and future transfers of shares upon death or other circumstances. Unfortunately, once the…

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Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

Days before the February 2022 Russian invasion in Ukraine, Darcy Brockbank (“Darcy” or the “Estate”, respectively) travelled to Kiev. On February 25, 2022, Darcy died unexpectedly from a heart attack. He was survived by his mother, Josephine Brockbank (“Josephine”), and two brothers: Joel Brockbank (“Joel”) and Stuart Brockbank (“Stuart”). On…

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