The Neverending Story – Joint Accounts

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Although almost 18 years have passed since the release of the decision in Pecore, questions about joint ownership of assets in estate planning continue to be the number one items raised by estate planning clients for this author.   In 2025, the saga of estate litigation following joint ownership continues.   In Ontario, the most common….

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Estate Litigation, Investments, Joint Tenancy, Resulting Trust

No Takebacks

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For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411 dealt with an estate trustee who renounced their appointment, then sought to retract their renunciation. Yvone Chieffallo’s Last Will and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Corporate Documentation – Key to Executor

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As part of a good estate plan for a business owner, it is important to ensure the business documentation is current and easily accessible to the executor. Keeping up-to-date documentation will minimize the risk of an oversight by the executor or a mistake resulting from obsolete documentation. What documents should be kept current? Here is a non-exhaustive list: Corporate minute book – it is important for the corporate minute book….

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Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

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This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

Can a Dependant Support Claim Be an Abuse of Process?

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In the recent decision of Sabarros v. Morrell, 2025 ONSC 6122 (CanLII), the Court considered whether the dependant support claim by the adult child to whom the deceased never provided support could be dismissed as frivolous, vexatious and an abuse of process. Facts: Karen Sabarros commenced two proceedings against the estate of her late father: a claim for dependant’s relief under section 58 of the Succession Law Reform Act (“SLRA”)….

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Estate Litigation

Is it fair and reasonable to expect executor compensation?

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP.  Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the Trustee Act (Ontario) is that a trustee (which includes an executor) is entitled to fair and reasonable compensation for their….

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Compensation, Estate Administration
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