February 2026

The Liquidator: The Central Player in Quebec Succession Disputes

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This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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Estate Administration, Estate Litigation, Executors, Succession Planning, Wills

BC Court of Appeal Clarifies Vesting of Residuary Gifts

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A recent decision of the British Columbia Court of Appeal in Lewis v. Jack, 2026 BCCA 18, provides helpful guidance on will interpretation. The case focused on whether the testator’s gifts to his children vested at the time of his death or later, when the residue of the estate was distributed. The Court’s analysis reinforces the strength of the presumption of early vesting and serves as a reminder that testamentary….

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Challenges in Evaluating Capacity to Manage Property with Mild Cognitive Impairment

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Section 6 of the Ontario Substitute Decisions Act (SDA) sets out: “A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.” In F.L. v. Oliver, 2024 ONSC 478 the Ontario Superior Court….

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Why Young Adults Need an Estate Plan—Even If They Don’t Own a House

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Back in 2019, I wrote a blog about estate planning for younger adults and the importance of addressing this often-overlooked issue. Today, I thought I would revisit and update this topic. Young adults often assume that estate planning is only relevant for older adults or wealthy individuals. When I was in my early 20s, even while working as an estate administration clerk, it wasn’t something I seriously considered for myself…..

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Estate Planning, Power of Attorney, Wills

The OG Protest Button

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In 1787, Josiah Wedgwood, the British ceramics manufacturer, created an anti-slavery medallion in its classical, low-relief house style.  This medallion is the OG protest button, and it was circulated free to abolitionist societies to be pinned to clothing of reformers. It starts a trend that has influenced the world of protest, politics and charity ever since. Industrialist and nonconformist Josiah Wedgwood (1730-1795) was your quintessential entrepreneur.  Growing up in the….

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Philanthropy/Charitable Giving, Uncategorized

Certain Beneficiaries Must Seek Rectification Prior to Probate or Risk the Consequences

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Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the CAET. Otherwise, the doctrine of abuse of process may prevent the disappointed beneficiary from suing the drafting solicitor in negligence…..

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