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Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

Social and Personal Giving

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There is a charity fundraising truism that says “you don’t get money unless you ask for it”. But estate planning professionals know that’s not true. Thirty years ago, I was working in gift planning at a major Toronto hospital foundation.  My professional education consistently reinforced the above truism, but my experience didn’t align with what I was taught.  My job focused on exceptional donations from wealth and estate donations. To….

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Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Relationships Matter: Revisiting Buffa v. Giacomelli

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My colleagues, Diane Vieira and Karen Watters, Partners at de VRIES LITIGATION LLP, both wrote blogs on Buffa v. Giacomelli, 2025 ONSC 4024. Diane’s blog can be found here, and Karen’s blog can be found here. This matter was recently heard in the Court of Appeal in Buffa v. Giacomelli, 2026 ONCA 566. Background Alexander Buffa (“Alexander”) and Laura Giacomelli (“Laura”) were the children of Giuliana Buffa (“Giuliana” and the….

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Court Approval of Settlements Impacting Persons Under Disability

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Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7.08 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, Rule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval….

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The Substance Rule: Lang-Newlands v Newlands

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This blog has been written by Darren Lund, Partner at Fasken LLP I previously blogged about the trial level decision Newlands: A New Interpretation of Estate Freezes in the Family Courts? and a subsequent motion Newlands Revisited: Moving to the Appeal in Lang-Newlands v. Newlands, a family law case that dealt extensively with equalization claims in the context of intergenerational wealth planning involving multiple estate freeze transactions. The Ontario Court of Appeal….

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Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

Wills Only in Electronic Form: s. 21.1 of the SLRA Does Not Apply

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The decision in Samide v. Taylor, 2026 ONSC 3589 provides clarity on the interplay of the Succession Law Reform Act (“SLRA”) and the Electronic Commerce Act (“ECA”), specifically the applicability of these statutes on wills that only exist electronically. Robert Samide (“Robert”) died unexpectedly in July 2024. He was survived by his children: Jessica, Nicole and Christopher, as well as his domestic partner, Shantel Taylor (“Shantel”) and her three sons…..

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