Total 683 Posts
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….
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….
The OG Protest Button Continue Reading »
Philanthropy/Charitable Giving, Uncategorized
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…..
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….
Moral Obligations Matter: Recent Dependant Support Decisions in Ontario Continue Reading »
UncategorizedThis 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….
Can an Ontario Codicil Amend a Quebec Will? Continue Reading »
UncategorizedAs 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….
Starting With the Obituary Continue Reading »
Estate Administration, Funeral Planning, Grief