Estate Litigation

Total 414 Posts

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

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This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

Can a Dependant Support Claim Be an Abuse of Process?

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In the recent decision of Sabarros v. Morrell, 2025 ONSC 6122 (CanLII), the Court considered whether the dependant support claim by the adult child to whom the deceased never provided support could be dismissed as frivolous, vexatious and an abuse of process. Facts: Karen Sabarros commenced two proceedings against the estate of her late father: a claim for dependant’s relief under section 58 of the Succession Law Reform Act (“SLRA”)….

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Estate Litigation

Rule 7 and New Ontario Regulation 173/25

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The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

When One Clause or Designation Derails an Estate Plan

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind us that estate planning isn’t just about having a Will, it’s about making sure the pieces are consistent, coherent, and….

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Appeals, Contested wills, Courts, Estate Litigation, Insurance, Wills

Court Interprets Will’s Residue Clause

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In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that, in the event her daughter predeceased her, the residue of the estate would be divided among the Deceased’s five siblings…..

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Estate Litigation

Limitation Periods and Testamentary Disputes: Lessons from Recent Ontario Case Law

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Article Written by: Ashley Thornton, Articling Student at Gowling WLG Recent decisions from the Ontario Superior Court of Justice and the Ontario Court of Appeal have shed light on when limitation periods begin to run in the context of different types of estate litigation. From professional negligence by estate lawyers, to the discoverability of testamentary documents, and the appropriate limitation periods for unjust enrichment claims against an estate, these rulings….

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Appeals, Estate Litigation
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