A Novel Approach to Locating Missing Heirs

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Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply distribute the estate to those beneficiaries who are easy to find, or assume that missing beneficiaries do not exist. While….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee

Court of Appeal Confirms No Duty Owed by Lawyer to Non-Client

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A recent Ontario Court of Appeal decision reinforced a simple but important rule: lawyers generally owe duties only to their clients – not to third parties who may be affected by their work. The case of Stingelin Estate v. Woods, 2026 ONCA 240 arose out of a family dispute over property, wills, and trusts. The case ultimately turned on whether a lawyer could be held liable to someone who was….

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Appeals

Dust Off The Shareholders’ Agreement

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It is common to suggest shareholders enter into a shareholders’ agreement, where each shareholder assumes certain rights and obligations relating to the business of the corporation. The shareholders’ agreement typically includes provisions dealing with the management of the business and future transfers of shares upon death or other circumstances. Unfortunately, once the shareholders’ agreement is signed, it is often filed in the corporate minute book and never reviewed by the signatories. There….

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Business Succession Planning, Contracts, Estate Planning, Succession Planning

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

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Days before the February 2022 Russian invasion in Ukraine, Darcy Brockbank (“Darcy” or the “Estate”, respectively) travelled to Kiev. On February 25, 2022, Darcy died unexpectedly from a heart attack. He was survived by his mother, Josephine Brockbank (“Josephine”), and two brothers: Joel Brockbank (“Joel”) and Stuart Brockbank (“Stuart”). On May 24, 2023, Joel received a certificate of appointment of estate trustee without a will. Approximately one year later, the….

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Capacity Law, Contested wills, Testamentary Capacity

Powers of Attorney – Can Conflict be Related to a Gender Imbalance?

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A colleague recently mentioned that he and his siblings were shocked when his mom suffered a stroke without warning. One minute, she was an active 70-year-old in good health, and the next, he and his siblings were suddenly responsible for her care and finances. His mother had signed Power of Attorney (POA) documents, but the enactment of those directions and the unequal representation of the siblings started a long list….

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Elder Management, Power of Attorney, Smart Ageing

When Capacity Crosses Borders: Ontario Gives Effect to a Foreign Guardianship Order

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This blog post was written by Mohena Singh, Associate at Fasken LLP. Cross-border capacity and guardianship issues are becoming increasingly common as families, assets, and caregiving arrangements span jurisdictions. In Abitbol v. Abitbol, 2026 ONSC 1636, the Ontario Superior Court of Justice confirmed that a foreign guardianship order issued outside Canada may be recognized and enforced in Ontario under common law principles, even where the resealing provisions of Ontario’s Substitute….

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Guardianship
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