Today’s Post is by Ashley Thornton, Articling Student, Gowling WLG (Canada) LLP When an estate trustee steps down from their role, whether voluntarily or by removal, they face a critical question: what obligations remain, and what risks do they carry forward? The transition out of a trusteeship is not simply…
This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and…
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…
Gifting property to the next generation is an estate strategy at its simplest form. For farming families, farm succession planning can often be complex considering the difficulties associated with “equalizing” a farmer’s estate between their children in circumstances where a child is actively involved in the farming business while the…
This blog post has been written by Darren G. Lund, Partner at Fasken LLP With the holiday season having only recently passed (although in many ways it feels like a long time ago already), I am reminded of how easy it is for news items to get lost in the…
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…
Many of us dream of escaping a Canadian winter, especially this year, with the repeated snowfalls and freezing temperatures. As our population ages, the annual migration of Canadian ‘snowbirds’ to warmer climates continues to grow. Travelling with a person who has cognitive impairments can be challenging, yet it is possible…
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…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Most estate problems do not start with bad intentions or poor advice. They start with an easy decision. A parent adds a child to a bank account to make bill paying simpler. A couple downloads an online Will template…
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…