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Moral Obligations Matter: Recent Dependant Support Decisions in Ontario

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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?

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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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Starting With the Obituary

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As an estates law clerk, when I begin work on a new estate administration file, one of the first things I do is read the deceased’s obituary. It isn’t a legal document like the Will, but it often provides valuable background information about the deceased and helpful context about family members.[1] It feels respectful to acknowledge the person behind the file before shifting focus to the legal documents and formal….

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Estate Administration, Funeral Planning, Grief

Guardianship: A Refresher

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Scotiatrust

Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property or personal care is effected by the granting of that authority by one individual to another or to multiple persons…..

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Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Uncategorized

Will Challenges: Meeting the Minimum Evidentiary Threshold

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In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v Laszlo, 2025 ONSC 7264 (“Cissek”). In Cissek, the applicant sought to challenge the validity of the last will and testament….

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Flexible Philanthropy

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[caption id="attachment_21903" align="aligncenter" width="518"] Becky Matsubara, Wikipedia[/caption] We are living in an age of personal philanthropy defined by larger donations and more donor choice.  Increased flexibility is the key feature of this age – especially through charitable structures like private foundations and donor advised funds. Historically, charitable donations and structures been defined by restrictions and controls.  Here is what changed and some implications for estate planning. History Charity law, at….

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