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Total 674 Posts

From Inventory to Distribution: Managing Household Items in an Estate

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Managing and distributing household contents in an estate can be a daunting task, filled with both emotional and practical challenges. In this blog, we’ll explore the essential steps and considerations for handling household items in an estate, from creating an inventory and appraising items, to distributing them among beneficiaries, to dealing with sentimental belongings. Whether you’re an estate….

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Estate Administration, Executors, Grief, Property

To Trust or Not to Trust?

This blog was written by Ruth Paul, student-at-law The recent decision in May v. Alsousi et al., 2025 ONSC 795 (CanLII) reiterates that when establishing a trust, attention should be paid to the legal requirements of that particular trust, as failure to do so risks denying a beneficiary access to the trust. Qasem Mahmud (the “Deceased”) died in June 2017 without a Will. In September 1988, the Deceased signed a….

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Rebutting the Presumption of a Resulting Trust: Fundamental Principles

It is not uncommon that a person will add someone else, often times a family member, to their bank accounts as a joint owner or create a new bank account with that person as a joint owner in order to avoid probate fees. This may also be done with other assets as well, such as properties. However, disputes may arise as to whether, on the death of the one account….

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In Care of Yvette Poirier v. Estate of Paul Poirier, 2025 ONSC 0482, the Court considered an application to set aside the conveyance of a home from a mother to her son , on the basis that the mother lacked capacity and was subject to undue influence. In an unusual set of facts, the daughter who sought to set aside the conveyance had originally agreed to the transfer in question….

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The Interpretation of Wills

Tangled Ropes Photo by Malcolm Burrows

Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each of the respondents (children of the deceased). Paragraphs 4(e) and (f) of the deceased’s November 3, 2022 last will and….

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Estate Litigation, Executors, Family Conflict, Uncategorized, Wills

The Two-Charity Structure

In its Income Tax Act, Canada has two basic types of registered charity: charitable organizations and foundations.  These charity types are often paired to work together in a complementary fashion – ying and yang – to achieve shared purposes. This article is a short primer on the prevalence of this structure and how it can be used for charitable planning. Doing and Funding Charitable organizations are the most common charity….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized
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