Estate Litigation

Total 425 Posts

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

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

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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,….

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

Examining a Non-Party for Discovery: The Legal Test

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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….

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Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts

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

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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….

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Estate Administration, Estate Litigation, Estate Planning

The Consequences of “Stealing” an Estate

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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….

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

Court Imposes a Trust over RESP Funds

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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….

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Estate Litigation
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