Courts

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Suspicious Circumstances in Power of Attorney Disputes

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Malcolm Burrows

I recently presented at the 29th LSO Estates and Trusts Summit (October 20, 2026) on the topic of suspicious circumstances in power of attorney disputes, along with my co-panelist, Shalom Cumbo-Steinmetz. Below are some of the key take-aways from the presentation. The doctrine of suspicious circumstances is traditionally associated with will challenges; however, the doctrine transcends into other areas of estates law, and specifically, to power of attorney disputes. Across….

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Capacity Law, Courts, Estate Litigation, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized, Undue influence

When Majority Rules Is Not Enough: Childs v. Childs

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This blog post was co-authored by Latoya Brown, Associate, and Madison Milanczak, Student-at-Law, at Fasken LLP. Appointing multiple estate trustees requires more thought than simply choosing who will act. It also requires considering how decisions will be made when they disagree. A majority-rules clause may help, but it offers no solution to an evenly divided vote. In Childs v. Childs, 2026 ONSC 801, that gap, combined with longstanding family conflict,….

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Courts, Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, Wills

When a Liquidator Moves In: Conflict of Interest in Quebec Estate Administration

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This post has been written by Pierre-Paul Persico, Partner, at Fasken LLP A liquidator who is also a beneficiary and continues occupying the deceased’s home does not, by itself, breach the duty owed to the estate. But the moment that occupation is formalized through a self-dealing transaction, made without beneficiary consultation or court authorization, the conflict becomes concrete and can, on its own, justify removal, regardless of whether other aspects….

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Courts, Estate Administration, Estate Litigation, Family Conflict

Part II: When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   In part one of my post on family trusts and the Family Law Act, I looked at how Ontario courts look beyond formal trust structures to the substance of the trust, particularly when they are deciding whether a discretionary trust interest forms part of net family property or if it should be treated as a….

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Courts, Family Conflict, Trusts

When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   Family Trusts and the Family Law Act Family trusts are popular tools for estate planning, asset protection, and intergenerational wealth transfer in Ontario.  However, during a divorce, they can become contentious:  is the trust an asset that is subject to an equalization between the spouses?  Can the assets in the trust be used to determine….

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Courts, Family Conflict, Trusts

Estate Trustee Compensation

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Scotiatrust

Taking on the role of an estate trustee can be a difficult one. The tasks typically involve gathering in and managing assets, determining liabilities, and moving the administration of an estate forward until it is time to distribute the net assets to the beneficiaries. While there is a general principle that an estate should be wrapped up within 1 year (also known as the “executor’s year”), completing the administration of….

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Compensation, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Trustee, Trustee Compensation
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