Estate Litigation

Total 414 Posts

Court Imposes a Trust over RESP Funds

• • 1 Comment

A recent court case examined whether funds deposited into four RESP accounts were impressed with a trust in favour of the named beneficiaries. In 2017, Hugh Grightmire (“Hugh”) transferred $200,000 to purchase four RESPs, $50,000 per great-grandchild beneficiary (the “Applicant”). Tracey-Lee, Hugh’s daughter and great-aunt of the Applicants (the “Respondent”) was named subscriber and managed the RESP funds.  Hugh died in 2023. When the eldest Applicant started post-secondary education, the….

Court Imposes a Trust over RESP Funds Continue Reading »

Estate Litigation

Medical Records and Will Challenges: Know the Limits

• • 0 Comments

In will challenges, it is common for parties to seek disclosure of the testator’s medical records, particularly when there are allegations of undue influence or lack of testamentary capacity. While courts are often inclined to grant requests for medical records, the requests must be justifiable in relation to the litigation. This topic was addressed in the recent decision, Farooque v Korba, 2026 ONSC 3124 (CanLII), discussed below. Background The Deceased….

Medical Records and Will Challenges: Know the Limits Continue Reading »

Appeals, Contested wills, Estate Litigation, Undue influence

The Law of Substitution de residuo under the Civil Code of Québec: A Refresher from Recent Québec Superior Court Decisions

• • 0 Comments

This blog has been written by Frédéric Barriault, Counsel, at Fasken LLP The decisions in De Forte c. Kassardjian, 2025 QCCS 91, and Succession de Tremblay c. Abran, 2025 QCCS 2626, offer a coherent and complementary articulation of Québec law governing substitutions de residuo, particularly regarding (1) their legal validity, and (2) the limits imposed by public order rules. Together, these judgments reaffirm the primacy of the testator’s intent while clarifying….

The Law of Substitution de residuo under the Civil Code of Québec: A Refresher from Recent Québec Superior Court Decisions Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, Wills

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

• • 0 Comments

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….

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

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

Recent Notable Cases in Estates and Trusts Litigation, 2026

• • 0 Comments

I recently spoke at the Estate Planners’ Council of Halton (EPCOH).  Below is a brief summary of recent and notable cases that Jonathon Vander Zee and I prepared for the EPCOH presentation.  It’s always good to keep up to date.  Enjoy! Cassan v. Giroux, 2026 ONSC 330 Moral obligations matter – the Court will strive to balance a person’s legal entitlement to support with the deceased’s testamentary intentions and moral….

Recent Notable Cases in Estates and Trusts Litigation, 2026 Continue Reading »

Estate Litigation, Trusts

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

• • 0 Comments

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….

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

Contested wills, Estate Litigation, Testamentary Capacity, Undue influence
Scroll to Top