Capacity Law

Total 143 Posts

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

• • 0 Comments

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….

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson Continue Reading »

Capacity Law, Contested wills, Testamentary Capacity

Rule 7 and New Ontario Regulation 173/25

• • 0 Comments

The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

Rule 7 and New Ontario Regulation 173/25 Continue Reading »

Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

Navigating Mental Capacity and Guardianship in Ontario’s Estates Law: Lessons from Francois v. Francois, 2025 ONSC 589

• • 1 Comment

By: Maddi Thomas, associate and Sukhman Sangha, articling student Gowling WLG (Canada) LLP   Mental capacity continues to be a growing area of focus in estates law. Capacity, defined under the Substitute Decisions Act, 1992 (“SDA”) as the ability to understand and appreciate decision consequences, is assessed through medical and legal evaluations. Declining capacity heightens vulnerability to financial abuse, such as unauthorized transactions or neglect by fiduciaries like guardians unaware….

Navigating Mental Capacity and Guardianship in Ontario’s Estates Law: Lessons from Francois v. Francois, 2025 ONSC 589 Continue Reading »

Capacity Law, Elder Care, Elder Law, Elder Management

RESP, Incapacity and Power of Attorney

• • 0 Comments

This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Parents and grandparents often help fund a child’s education using Registered Education Savings Plans (RESPs). These are tax-efficient vehicles that allow contributions, grants, bonds, and income to be invested in a tax-deferred environment to grow for eventual use toward post-secondary education. Generally, the parent/grandparent “subscriber” enters into an RESP contract with a “promotor” and names one or….

RESP, Incapacity and Power of Attorney Continue Reading »

Capacity Law, Estate Planning, Power of Attorney, RESP

Guardianship Applications: What is Involved?

• • 1 Comment

This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens?  In this article, I outline the process, in Ontario, of bringing a Guardianship Application to become the decision-maker for a person….

Guardianship Applications: What is Involved? Continue Reading »

Capacity Law, Guardianship, Power of Attorney

Lam v Law Estate: Gender bias permits variation of discriminatory will

• • 0 Comments

Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

Lam v Law Estate: Gender bias permits variation of discriminatory will Continue Reading »

Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills
Scroll to Top