August 2025

Ontario Estate Court Forms Revamped: Key Changes You Need to Know

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process and reduce administrative friction for estate professionals across the province, ultimately benefiting all parties involved in estate administration. What Changed?….

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Courts, Estate Administration, Estate Administration and Probate Applications

A Selfie Isn’t a Will: The Problem with Video “Wills”

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scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust   This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a man’s video-recorded “selfie Will.” Even though he clearly expressed that he wanted his brother to inherit everything, the court ruled….

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Contested wills, Estate Planning, Wills

Valuing Sentimental Property in Estate Litigation

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THE FOLLOWING BLOG POST WAS WRITTEN BY IRYNA HUK, STUDENT-AT-LAW AT DE VRIES LITIGATION LLP When a sentimental estate asset is wrongfully altered or destroyed, courts must decide whether the appropriate remedy is to award the estate the value of a replacement or the cost of restoring the original. The decision in Kew Estate v. Konarski, 2025 ONCA 357 illustrates that in some circumstances, misappropriating emotionally significant estate assets may not….

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Estate Administration, Estate Administration and Probate Applications, Liability

Limitation Periods and Testamentary Disputes: Lessons from Recent Ontario Case Law

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Article Written by: Ashley Thornton, Articling Student at Gowling WLG Recent decisions from the Ontario Superior Court of Justice and the Ontario Court of Appeal have shed light on when limitation periods begin to run in the context of different types of estate litigation. From professional negligence by estate lawyers, to the discoverability of testamentary documents, and the appropriate limitation periods for unjust enrichment claims against an estate, these rulings….

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Appeals, Estate Litigation

Taxation of Employee Stock Options on Death

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In Canada, it is not uncommon for employers to grant stock options to employees as a form of compensation, notably in technology and startup sectors. These stock options provide employees the right to purchase company stocks at a predetermined price, often referred to as the “exercise price.” What are the tax implications of these stock options when the employee dies while holding unexercised stock options? The tax treatment on death….

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Succession Planning, Tax Issues, US Taxes, valuation

Hospital Discharge Planning for Family Members

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Hospital Discharge Planning Framework for Families of Elderly People with Complex Needs

Increasingly, families are struggling with hospital discharges, especially for elderly persons with complex care needs. The primary reason is that transition planning is not sufficiently planned for or considered. Before you agree to any discharge for a family member, you must first understand what a high-quality transition plan looks like. In a previous blog post, Families Struggling with Hospital Discharges, we outlined the Ontario Health quality standards for discharge planning…..

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Elder Management, Healthcare, Smart Ageing
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