Estate Litigation

Total 411 Posts

Contract Law in Estate and Guardianship Litigation

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….

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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

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….

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

Artificial Intelligence and the Court: Buyer Beware

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….

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Courts, Estate Litigation

Suffering In Silence: A Closer Look at Elder Abuse

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional competence but also a moral imperative. Elder abuse transcends socioeconomic boundaries, manifesting in affluent communities as well as modest households,….

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Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence

Successful Will Challenge Yields Blended Cost Award

The Applicant (the Deceased’s son) brought an application seeking to invalidate the Deceased’s 2023 Will, submit the Deceased’s 2022 Will for probate, and seek the return of the Deceased’s $95,000 gift to his nephew. The Deceased executed wills on March 16, 2022 and November 22, 2023. In his 2022 Will, the Applicant is named as the estate trustee, the Deceased gifts his home and its contents to the Applicant and names the….

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Estate Litigation, Wills

Modern Families: References to Children and Issue in Wills

  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Like many modern families, the fictional Pritchett family in the series “Modern Family” has a variety of personalities, family dynamics and relationships, traditional and modern viewpoints. The many possible iterations and permutations of what makes a family is a beautiful thing. But, it can also create complexity when it comes to defining who is and who is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills
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