October 2025

Estate Planning Horror Stories: Tales from the Legal Crypt

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Halloween is all about chills and thrills, but nothing sends a shiver down my spine quite like a botched estate plan. These stories aren’t just for a fright; they’re a reminder that a little planning now can save your family from a real nightmare later.   The Phantom Beneficiary Harold thought he had his estate sorted out by….

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Estate Planning, Executors, Wills

Valuing Digital Assets: Lessons from the Counter Strike Market Crash

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Digital assets have become an increasingly common topic in estate planning. What once seemed like a niche hobby has turned into a meaningful part of some clients’ financial picture. From cryptocurrency to NFTs and even online gaming inventories, these assets can hold real world value, sometimes in the millions. Yet recent events in the gaming world have shown just….

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Estate Planning, valuation

McNeill v. Phillips: Moral Obligations Don’t Create Legal Duties

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A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The plaintiff, the biological daughter of the deceased, brought a negligence claim against her mother’s spouse, who was not her biological….

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Uncategorized

Plan Today, Protect Tomorrow: Why You Shouldn’t Wait to Make or Update Your Will

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November is Make a Will Month, an annual initiative designed to raise awareness about the importance of having a Will. A Will is one of the most critical legal documents you can have, as it ensures that your wishes are respected and your loved ones are provided for after your passing. Despite its significance, many Canadians delay creating a Will, often due to misconceptions about its necessity, the belief that….

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Estate Planning, Succession Planning, Wills

RRSPs Aren’t the Villain – But Misunderstanding Them Is

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Scotiatrust

This blog post was written by: Melissa Plunkett, Director, Scotiatrust On Friday, September 26, 2025, when CTV news published their story “Daughter hit with $660,000 tax bill when both parents died in the same year”, I was inundated with texts and DMs from friends and family asking me if this could really happen to a middle-class family.   Did the CRA assess too much tax?  Was an RRSP really all taxable at….

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Estate Planning, Tax Issues

Rule 7 and New Ontario Regulation 173/25

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The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized
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