Uncategorized

Total 675 Posts

Equity Over Formality: Oral Property Agreement Enforceable Despite Statute of Frauds

• • 0 Comments

The recent Ontario decision in Jeffrey v. Jeffrey (2026 ONSC 1959) highlights the circumstances in which a court may enforce an oral agreement concerning property despite the requirements of the Statute of Frauds. The case involved elderly parents who transferred title to their Niagara-on-the-Lake home to their son pursuant to an oral arrangement. In exchange for transferring legal title and a significant amount of equity in the property, the son….

Equity Over Formality: Oral Property Agreement Enforceable Despite Statute of Frauds Continue Reading »

Uncategorized

Insights on Consulting a Person with Significant Diminished Capacity – Part 2

• • 0 Comments
Two women in a retirement home in front of a window, drinking iced tea and eating pound cake. One is the adult daughter of the other woman.

Consulting a person who has significant diminished capacity can be very difficult for both the consultant and the individual. In Part One of this article, we explored a case in which a client with moderately severe dementia gave one answer to a simple question posed by a family member in the morning and the opposite answer to another family member that same afternoon, sparking heated conflict among the siblings. This….

Insights on Consulting a Person with Significant Diminished Capacity – Part 2 Continue Reading »

Elder Management, Smart Ageing, Uncategorized

Key Findings Relating to the Exercise of Trustee Discretion

• • 0 Comments
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….

Key Findings Relating to the Exercise of Trustee Discretion Continue Reading »

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

Introducing the Refreshed All About Estates Website

• • 2 Comments

After 15 years of collaboration and 2,700 contributions, we have refreshed the All About Estates website to better reflect the platform’s scale, longevity, and ongoing use, and to ensure its presentation aligns with the experience and credibility of the collaborative community behind it. Supporting a Growing Body of Work Over the past 15 years, All About Estates has grown into a substantial professional resource, with more than 2,700 blog posts….

Introducing the Refreshed All About Estates Website Continue Reading »

Uncategorized

The Court’s Authority under the Parens Patriae Jurisdiction

• • 0 Comments

A court’s authority to make certain orders or decisions is not always founded in legislation or established case law. In the right circumstances, the court may find its authority from its inherent jurisdiction to do certain things, such as preventing abuse of process, controlling procedure, or protecting vulnerable parties. One such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….

The Court’s Authority under the Parens Patriae Jurisdiction Continue Reading »

Uncategorized

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

• • 1 Comment

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….

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

Dependant Support, Estate Litigation, Family Conflict, Uncategorized
Scroll to Top