Family Conflict

Total 262 Posts

Estate Freezes and Calculation of Net Family Property: Lang-Newlands v. Newlands

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Last week the Ontario Court of Appeal released its decision in Lang-Newlands v. Newlands, 2026 ONCA 530 (“Newlands”). (Previously, Darren Lund blogged twice for All About Estates on the lower court decision and its potential impact on estate freezes. See here for Darren Lund’s blog posted on July 4, 2025). The decisions of the ONCA in Newlands and of the lower court are important for estate and tax planning, family….

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Family Conflict, Separation, Spouse

When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   Family Trusts and the Family Law Act Family trusts are popular tools for estate planning, asset protection, and intergenerational wealth transfer in Ontario.  However, during a divorce, they can become contentious:  is the trust an asset that is subject to an equalization between the spouses?  Can the assets in the trust be used to determine….

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Courts, Family Conflict, Trusts

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Succession of the Family Business – Don’t Overlook Governance

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Successful entrepreneurs often view the family business as the crown jewel to their legacy for the next generation(s). As such, succession planning for the family business and preserving the family’s wealth is always a top priority and often encompasses tax and estate planning. Implementing a succession plan that will ensure the continuation of the family business while preserving the family’s wealth can be challenging for professional advisors who are assisting….

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Business Succession Planning, Estate Planning, Family Conflict

Planning for the People You Love

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This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and reflect on how we show care, not just through gestures or words, but through thoughtful planning and intention for the….

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Estate Administration, Estate Planning, Family Conflict, Power of Attorney, Succession Planning, Wills
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