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Marriage vs Common Law – how does it differ at death?

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Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There is often an assumption that being in a common law relationship is no different than being married – marriage is just a formality, right? And in many aspects of life, perhaps this is true, but at death, this is not the case. The tradition of marriage still affords statutorily protected benefits in Ontario when it….

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Uncategorized

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

Net Family Property Exclusion Clause in Wills

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net Family Property clause. They are ubiquitous. However, few clients fully appreciate the limited purpose or utility (and necessity) behind these….

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Estate Planning, Family Conflict

Navigating Mental Capacity and Guardianship in Ontario’s Estates Law: Lessons from Francois v. Francois, 2025 ONSC 589

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By: Maddi Thomas, associate and Sukhman Sangha, articling student Gowling WLG (Canada) LLP   Mental capacity continues to be a growing area of focus in estates law. Capacity, defined under the Substitute Decisions Act, 1992 (“SDA”) as the ability to understand and appreciate decision consequences, is assessed through medical and legal evaluations. Declining capacity heightens vulnerability to financial abuse, such as unauthorized transactions or neglect by fiduciaries like guardians unaware….

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Capacity Law, Elder Care, Elder Law, Elder Management

Mutual Wills: Pros & Cons

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP When deriving an estate plan, it can sometimes be difficult to balance the needs of one’s spouse or partner against the wish to benefit (and protect) the next generation. While perhaps less relevant or compelling when a couple is young or share the same children, the concern becomes more poignant when such spouse….

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Estate Administration and Probate Applications, Probate Tax, Uncategorized, Wills

Can a Court Create a Henson Trust Post-Death….Find Out Here:

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Kira Domratchev, Partner, Gowling WLG (Canada) LLP Many of us are familiar with the concept of a Henson Trust, as it comes across our desks fairly frequently, both in the context of litigation and planning. A Henson Trust is a trust where the trustee is given an absolute and unfettered discretion such that a beneficiary could not compel the trustee to make payments to them. For that reason, a beneficiary’s….

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Healthcare, Uncategorized
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