March 2022

Today’s Blog was written by Emily Papsin, Articling Student at Fasken LLP On February 10th, the Ontario Court of Appeal released its decision in Joy v. McGrath. The court affirmed the application judge’s finding that Mr. Joy’s suicide note was a valid holograph will, and overturned his finding that Mr. Joy did not have the requisite capacity to make it. Though the Court of Appeal corrected the error of law….

In Canada estates and trusts law aims to give effect to a testator’s intentions. This principle is paramount and part of the rationale for the common law doctrine of ademption: if property which is gifted in a will no longer exists at the time of the testator’s death, the gift “adeems” or fails. In part, the doctrine assumes that a testator may have disposed of the property before his death….