Rebecca Studin

In Care of Yvette Poirier v. Estate of Paul Poirier, 2025 ONSC 0482, the Court considered an application to set aside the conveyance of a home from a mother to her son , on the basis that the mother lacked capacity and was subject to undue influence. In an unusual set of facts, the daughter who sought to set aside the conveyance had originally agreed to the transfer in question….

In Ingram v. Kulynych Estate, 2024 ONCA 678, the Court of Appeal for Ontario considered the appropriate limitation period where two different limitation periods were applicable and apparently in conflict in relation to a claim against an estate. Background Henry Kulynych died in February 2017. In his Will, Mr. Kulynych left his estate to his first wife, and if she predeceased him, which she did, then to his three children…..

In Sheffield (Estate) v. Sheffield, 2024 ONSC 3627, the Court considered an executor’s authority to sell real property subject to a life interest. Katherine Markolefas and Bradley Sheffield were brother and sister. Katherine and Bradley were the children Gary and Donna Sheffield. Gary owned a residential property in Picton, Ontario. In Gary’s Will, he named Katherine as his estate trustee. Under Gary’s Will, Donna, his wife, was granted a right….

In Herold Estate v. Curve Lake First Nation, the Court of Appeal for Ontario varied a costs award to provide that an estate trustee be personally liable for costs. In July 2014, the Estate of William Albin Herald (the “Estate”) commenced an application claiming ownership of certain islands in the Trent-Severn Waterway (the “Islands”), on the basis that the Islands were part of Lot 35, which was owned by the….

In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to be witnesses by people who were not physically present in the room with the testator. While virtual Will commissioning in….