Estate Administration

Total 505 Posts

Presumption of Resulting Trusts: Lessons from Atkins v Chamberlain for Joint Accounts

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Today’s post was written by Nina Fainman-Adelman, Associate and Ashely Thornton, Articling Student, Gowling WLG (Canada) LLP Resulting trusts is an equity-based tool for reallocating property when legal joint title does not reflect the intentions of a testator who held the property or account jointly with another individual. A resulting trust responds to the absence of donative intent: equity presumes that a transferor did not intend to make a gift….

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Estate Administration, Estate Litigation, Joint Tenancy

A Beneficiary’s Guide to Reviewing Estate Accounts: The Perspective from British Columbia (Part Two)

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Today’s blog is the second in a three-part series that explores estate accounts from the perspective of a beneficiary, and more specifically a beneficiary of an estate in the Province of British Columbia. These blogs were written by Caroline Caron, a paralegal in the Vancouver office of Fasken LLP, to provide practical and helpful tips for beneficiaries who are navigating estate accounts. In the first part of this series, Caroline….

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Estate Administration, Executors, Trustee, Trustee Compensation

A Beneficiary’s Guide to Reviewing Estate Accounts: The Perspective from British Columbia (Part One)

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Today’s blog is the first in a three-part series that explores estate accounts from the perspective of a beneficiary, and more specifically a beneficiary of an estate in the Province of British Columbia. These blogs were written by Caroline Caron, a paralegal in the Vancouver office of Fasken LLP, to provide practical and helpful tips for beneficiaries who are navigating estate accounts. In this first part, Caroline provides a general….

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Estate Administration, Executors, Wills

No Takebacks

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For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411 dealt with an estate trustee who renounced their appointment, then sought to retract their renunciation. Yvone Chieffallo’s Last Will and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

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

Is it fair and reasonable to expect executor compensation?

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP.  Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the Trustee Act (Ontario) is that a trustee (which includes an executor) is entitled to fair and reasonable compensation for their….

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Compensation, Estate Administration
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