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BC Court of Appeal Clarifies Vesting of Residuary Gifts

A recent decision of the British Columbia Court of Appeal in Lewis v. Jack, 2026 BCCA 18, provides helpful guidance on will interpretation. The case focused on whether the testator’s gifts to his children vested at the time of his death or later, when the residue of the estate was distributed. The Court’s analysis reinforces the strength of the presumption of early vesting and serves as a reminder that testamentary….

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Challenges in Evaluating Capacity to Manage Property with Mild Cognitive Impairment

Section 6 of the Ontario Substitute Decisions Act (SDA) sets out: “A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.” In F.L. v. Oliver, 2024 ONSC 478 the Ontario Superior Court….

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The OG Protest Button

In 1787, Josiah Wedgwood, the British ceramics manufacturer, created an anti-slavery medallion in its classical, low-relief house style.  This medallion is the OG protest button, and it was circulated free to abolitionist societies to be pinned to clothing of reformers. It starts a trend that has influenced the world of protest, politics and charity ever since. Industrialist and nonconformist Josiah Wedgwood (1730-1795) was your quintessential entrepreneur.  Growing up in the….

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Philanthropy/Charitable Giving, Uncategorized

Certain Beneficiaries Must Seek Rectification Prior to Probate or Risk the Consequences

Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the CAET. Otherwise, the doctrine of abuse of process may prevent the disappointed beneficiary from suing the drafting solicitor in negligence…..

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Moral Obligations Matter: Recent Dependant Support Decisions in Ontario

In recent years, Ontario courts have placed increasing emphasis on the moral obligations owed to dependants when assessing claims under Part V of the Succession Law Reform Act (“SLRA”). While testamentary autonomy remains a fundamental principle, recent decisions show that courts are prepared to intervene where a will fails to make adequate provision for a spouse or other dependant, even in circumstances where the claimant is not in immediate financial….

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Can an Ontario Codicil Amend a Quebec Will?

This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached a handwritten “amendment” dated February 10, 1998, “to reflect the present situation”, signed in Ontario. Ms. Pregent’s daughter applied to….

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