Estate Litigation

Total 414 Posts

Guardianship: A Refresher

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Scotiatrust

Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property or personal care is effected by the granting of that authority by one individual to another or to multiple persons…..

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Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Uncategorized

Most-Read All About Estates Articles of 2025

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It is well known that Canada is experiencing one of the most significant intergenerational transfer of wealth.  With that comes growing estate planning complexity, a rise in estate litigation, and intensifying concerns about elder management and abuse.  In 2025, five blogs from All About Estates clearly resonated with professionals grappling with these challenges, drawing thousands of readers seeking thoughtful insight and guidance.  The blogs are reposted below. Separately, All About….

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Estate Litigation, Estate Planning, Executors, Wills

Holiday Reflections: The Importance of Estate and Incapacity Planning

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This blog post was written by Mohena Singh, Associate at Fasken LLP. The holiday season often brings cherished time full of gift exchanges, gatherings with family, and a break from work. Amid the festivities, it’s also an opportune moment to discuss estate and incapacity planning – a topic that, while rarely broached at the dinner table, is vital for protecting your family’s future. The cautionary tale of Vaccaro v. Vaccaro….

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Estate Administration, Estate Litigation, Estate Planning, Wills

Haddock v. Haddock: Interpreting a Cottage Bequest

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In Haddock v. Haddock (2025 ONSC 6287), the court was asked to interpret a clause in the deceased’s 2012 will dealing with a bequest of her cottage to one of her three surviving children. The deceased died in 2022, leaving her children as co-estate trustees. Her estate consisted primarily of the cottage and TD Bank investment accounts. The will provided a specific gift to the grandchildren, divided the residue equally….

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Estate Litigation, Property, Wills

Presumption of Resulting Trusts: Lessons from Atkins v Chamberlain for Joint Accounts

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Today’s post was written by Nina Fainman-Adelman, Associate and Ashely Thornton, Articling Student, Gowling WLG (Canada) LLP Resulting trusts is an equity-based tool for reallocating property when legal joint title does not reflect the intentions of a testator who held the property or account jointly with another individual. A resulting trust responds to the absence of donative intent: equity presumes that a transferor did not intend to make a gift….

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Estate Administration, Estate Litigation, Joint Tenancy

The Neverending Story – Joint Accounts

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Although almost 18 years have passed since the release of the decision in Pecore, questions about joint ownership of assets in estate planning continue to be the number one items raised by estate planning clients for this author.   In 2025, the saga of estate litigation following joint ownership continues.   In Ontario, the most common….

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Estate Litigation, Investments, Joint Tenancy, Resulting Trust
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