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Starting With the Obituary

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

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

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

[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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Saying It Doesn’t Make It So: Determining the Nature an Application

A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of the application. As the grounds and relief sought in an application are often captured by numerous statutory authorities, a notice….

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The Interplay between a Will executed outside of Ontario and a subsequent Codicil executed in Ontario

It is not uncommon for a person to execute their last will and testament many years, even decades, before they eventually pass away. It is also not uncommon for a person to move provinces, states, countries, etc. throughout their adult lifetime. In the estates context, that may result in various different scenarios in which related testamentary documents are executed in different jurisdictions. For example, a person may execute a will….

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