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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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Family Money Messages

My friend Aneil Gokhale, Director of Philanthropy at the Toronto Foundation, has a talent for facilitating discussions about money.  What messages do we inherit and how do they inform our inclination for, and approach to, giving?  These messages are the software that influence future behaviour, including openness to giving to charity, during life and at death. Ingrained messages In every session that Aneil leads, he coaxes out deeply ingrained messages….

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Duties to Vulnerable Individuals: Lessons from Lewicki v. Bascus

The recent decision in Lewicki v. Bascus et al., 2025 ONSC 6224 reiterates the duties lawyers and attorneys for property or personal care have to vulnerable persons. Attorneys have a duty to refrain from influencing vulnerable persons with their personal opinions to further their own self-interest. Lawyers have a duty to enforce safeguards when dealing with vulnerable clients to ensure their decisions are independent and rooted in logic. Lionel Bascus….

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