To Validate or Not to Validate: That is the Question

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Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

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

Interlocutory Injunctions: A Reminder

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The recent case, Stewart Estate v Stewart, 2025 ONCA 575, provides guidance on the test for a stay pending appeal.  In Stewart, the deceased, William, executed a last will and testament (the “Will”) in 1989.  William died five years later.  He was survived by his wife, Edith, and their 13 children.  The Will gave a life estate to Edith, after which William’s two farms were to be transferred to his….

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Should your executor be paid to attend your funeral?

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Estate trustees in Ontario are entitled to be compensated for their work in administering the estate. Understanding estate trustee (“executor”) compensation is important whether you are an executor or are considering who to appoint for your own estate.   In Ontario, non-professional executors generally calculate compensation by relying on the guideline of:  2.5% of income and….

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Compensation, Estate Administration, Executors, Family Conflict

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

Coping with Change for Teens and Silver Agers in Transition

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On the left half of the image is a photo of a mother and teen walking into a dorm room. On the right side is a woman on a couch with retirement home staff.

Transitions are not easy for anyone at any age. Reading the Saturday paper today, there were several articles on getting teens ready for campus life as they go off to university or college in a few weeks. Having experienced this in our own family, I scanned the articles based on interviews with “experts.” As I read, two things came to mind: no two teens experience college life the same way….

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Elder Management, Smart Ageing

Navigating Bequests of Real Estate Under Your Will: Language Matters

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  Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as defined in Ontario’s Succession Law Reform Act (RSO 1990, c S.26) (“SLRA”), at the date of your death (the “Property”),….

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Estate Planning, Property, Real Estate, Succession Planning, Wills
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