Estate Litigation

Total 418 Posts

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

All About Estates & de VRIES LITIGATION LLP: Sharing More Insights in More Places

• • 0 Comments

The All About Estates blog now has a home on LinkedIn. Our collaborative blog, All About Estates, is now over 15 years old. Around 3,500 people subscribe to the daily emails; the website receives 5,000 visits a month, with 11,000 page views. Since 2010, more than 50 contributors have published over 2,700 posts. There are currently 20+ regular contributors to the blog, including lawyers, physicians, wealth managers, trust companies, and….

All About Estates & de VRIES LITIGATION LLP: Sharing More Insights in More Places Continue Reading »

Estate Administration, Estate Litigation, Estate Planning

The Consequences of “Stealing” an Estate

• • 0 Comments

The Court of Appeal recently released a decision dismissing appeals against conviction of a former Toronto police officer and a former employee of the Public Guardian and Trustee (“PGT”) who fabricated the last will and testament of Heinz Siegfried Sommerfeld to benefit the police officer. In 2023, a police officer, Robert Konashewych, and a PGT employee, Adellene Balgobin, were convicted of defrauding the estate of Mr. Sommerfeld, who was an….

The Consequences of “Stealing” an Estate Continue Reading »

Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Wills

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
Scroll to Top