Estate Litigation

Total 414 Posts

To Validate or Not to Validate: That is the Question

• • 0 Comments

Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

To Validate or Not to Validate: That is the Question Continue Reading »

Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

• • 0 Comments

Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees Continue Reading »

Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

Determining the Validity of Inter Vivos Gifts

• • 0 Comments

In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held in those joint accounts. The Deceased had two children, who both shared her estate under her Will with the Applicant….

Determining the Validity of Inter Vivos Gifts Continue Reading »

Estate Litigation

Contract Law in Estate and Guardianship Litigation

• • 0 Comments

In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

Contract Law in Estate and Guardianship Litigation Continue Reading »

Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

(Not So) Happy Little Accidents: The Legal Legacy of Bob Ross

• • 0 Comments

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I didn’t expect was that not even 15 minutes into the documentary, I’d find myself running back to my office to….

(Not So) Happy Little Accidents: The Legal Legacy of Bob Ross Continue Reading »

Business Succession Planning, Contracts, Estate Litigation, Estate Planning, Succession Planning, Trusts

Artificial Intelligence and the Court: Buyer Beware

• • 0 Comments
AI Robot Lawyer

Artificial intelligence seems to be all the rage. However, even with all of the technological advances and shortcuts which may now be available, counsel has an overriding and fundamental duty to not mislead the Court. Justice Myers’ recent decision in Ko v. Li, 2025 ONSC 2766 forcefully affirms this principle, and deals head-on with the issue of the use of AI in materials filed with the Court. Before Justice Myers….

Artificial Intelligence and the Court: Buyer Beware Continue Reading »

Courts, Estate Litigation
Scroll to Top