No-Contest Clauses and Executor Removal: Lessons from Franklin Estate (Re), 2026 NLCA 30

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Thomas Witteveen, Associate, Gowling WLG(Canada) LLP Can a beneficiary try to remove an executor without losing their inheritance under a Will that contains a no-contest clause? The Court of Appeal of Newfoundland and Labrador (the “Court”) recently considered such issue in Franklin Estate (Re), 2026 NLCA 30, a decision that clarifies the legal test courts must apply before enforcing a no-contest clause in a Will. The Facts John Leslie Stephen….

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Estate Litigation

Corporate Financial Statements: An Overlooked Estate Planning Tool

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For many business owners, the corporation is often the largest asset in the family’s estate and the key asset to their succession plan. For estate planners, the discussion often focuses on a review of Wills, Powers of Attorney, shared ownership, and family objectives while the corporation’s financial statements receive only limited attention, if any at all, which may lead to missed opportunities. A careful review of a corporation’s financial statements….

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Business Succession Planning, Estate Planning, Investments, Small Business, Succession Planning, Tax Issues

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

The Will That Almost Was: When an Unsigned Will Creates Chaos

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    Most of us have a mental image of what a Will looks like. It is signed at the bottom, witnessed, maybe bound in a blue backing. It sits in a filing cabinet or a safe deposit box, and when the time comes, someone pulls it out and follows the instructions. Clean. Final. Done. But what happens when there….

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Estate Litigation, Estate Planning, Wills

Don’t Touch the Original!

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In Boyle v. Boyle, 2026 ONSC 4919, the court considered the validity of handwritten alterations to a will. William Robert Boyle (the “Deceased”) died on March 7, 2025. The Deceased left a typed last will and testament dated March 15, 2020. The Deceased was predeceased by his parents, had no spouse or children, and was one of 16 siblings, 9 of whom survived him. The Will left the residue to….

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Contested wills, Estate Administration, Estate Litigation, Estate Planning

Happy Hour Freedom in Retirement Living

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four people at a table raising glass flutes in a toast

As summer draws to a close, some of our older clients and their friends are thinking about moving to a retirement home. It’s important to work through the benefits and drawbacks as well as the costs of such a move well in advance of doing so. And don’t underestimate the quality-of-life factors that are important such as socializing with others and various opportunities to engage within the community. Happy hour….

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Elder Management, Smart Ageing
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