Estate Litigation

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

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This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Clarification from the Québec Court of Appeal on Access to Testamentary Documents and Notarial Professional Secrecy

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This blog has been written by Frédéric Barriault, counsel, at Fasken LLP The decisions in Bigras (Succession de Lefrançois) c. Faille‑Lefrançois (2025 QCCA 481) and Contant c. Rivet (2025 QCCA 831) provide important clarification of Québec law regarding access to testamentary documents and the lifting of the notary’s professional secrecy in the context of challenges to the validity of a will. Both judgments build on prior jurisprudence, particularly Tanzer and….

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Contested wills, Estate Litigation, Testamentary Capacity, Undue influence

The Liquidator: The Central Player in Quebec Succession Disputes

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This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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

Holiday Reflections: The Importance of Estate and Incapacity Planning

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This blog post was written by Mohena Singh, Associate at Fasken LLP. The holiday season often brings cherished time full of gift exchanges, gatherings with family, and a break from work. Amid the festivities, it’s also an opportune moment to discuss estate and incapacity planning – a topic that, while rarely broached at the dinner table, is vital for protecting your family’s future. The cautionary tale of Vaccaro v. Vaccaro….

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Estate Administration, Estate Litigation, Estate Planning, Wills

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
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