Estate Litigation

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Five Popular Posts This Summer

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This is a selection of popular posts from All About Estates this summer. Estate Donation Regime at 10 Years Malcolm Burrows, Scotia Wealth Trust | June 18, 2026 Ten years ago, in 2016, the introduction of the Graduated Rate Estate (GRE) regime turned Canadian estate planning upside down.  The sidebar to the GRE rules were rules for “estate donations”. Choosing the Right Estate Trustee: When Poor Administration Comes at a….

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Elder Management, Estate Administration, Estate Litigation

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

No-Contest Clauses and Executor Removal: Lessons from Franklin Estate (Re), 2026 NLCA 30

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Thomas Witteveen, Associate, Gowling WLG(Canada) LLP Can a beneficiary try to remove an executor without losing their inheritance under a Will that contains a no-contest clause? The Court of Appeal of Newfoundland and Labrador (the “Court”) recently considered such issue in Franklin Estate (Re), 2026 NLCA 30, a decision that clarifies the legal test courts must apply before enforcing a no-contest clause in a Will. The Facts John Leslie Stephen….

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Estate Litigation

The Will That Almost Was: When an Unsigned Will Creates Chaos

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    Most of us have a mental image of what a Will looks like. It is signed at the bottom, witnessed, maybe bound in a blue backing. It sits in a filing cabinet or a safe deposit box, and when the time comes, someone pulls it out and follows the instructions. Clean. Final. Done. But what happens when there….

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Estate Litigation, Estate Planning, Wills

Don’t Touch the Original!

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In Boyle v. Boyle, 2026 ONSC 4919, the court considered the validity of handwritten alterations to a will. William Robert Boyle (the “Deceased”) died on March 7, 2025. The Deceased left a typed last will and testament dated March 15, 2020. The Deceased was predeceased by his parents, had no spouse or children, and was one of 16 siblings, 9 of whom survived him. The Will left the residue to….

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Contested wills, Estate Administration, Estate Litigation, Estate Planning

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills
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