Estate Litigation

Total 422 Posts

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

• • 0 Comments

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….

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

Estate Litigation

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

• • 0 Comments
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….

The Will That Almost Was: When an Unsigned Will Creates Chaos Continue Reading »

Estate Litigation, Estate Planning, Wills

Don’t Touch the Original!

• • 0 Comments

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….

Don’t Touch the Original! Continue Reading »

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

• • 0 Comments

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….

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

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

Hidden Risks of a Do-It-Yourself Codicil: Schickedanz v. Schickedanz

• • 0 Comments

This blog was co-authored by Latoya Brown, Associate and Elyse Mitchell, Student-at-Law at Fasken LLP Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. In Ontario, a holograph will or codicil is valid if it is entirely in the testator’s handwriting and signed by the testator. That simplicity often makes holograph documents attractive. The recent Ontario Court of Appeal decision, Schickedanz v. Schickedanz,….

Hidden Risks of a Do-It-Yourself Codicil: Schickedanz v. Schickedanz Continue Reading »

Estate Administration, Estate Litigation, Family Conflict, Farm, Undue influence

Examining a Non-Party for Discovery: The Legal Test

• • 0 Comments

In an action, examinations for discovery typically involve the parties to the proceeding being examined by counsel. However, there may also be other people who are not parties to the proceeding that have knowledge or information that is relevant to the issues in dispute. Where a party seeks to examine for discovery someone like that, the Court may grant leave for them to do so under certain circumstances. This is….

Examining a Non-Party for Discovery: The Legal Test Continue Reading »

Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts
Scroll to Top