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Court Interventions in a Trustee’s Exercise of Discretion

In the recent decision of Pitt v. Beattie, 2025 ONSC 5654 (CanLII) (“Beattie”), the court considered the rule in Saunders v. Vautier and whether the sole beneficiary of a trust could demand a larger distribution than the trustee was willing to provide. In Beattie, the last will and testament provided that the residue of the estate was to be held in trust until the beneficiary turned 25. At the time….

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Corporate Documentation – Key to Executor

As part of a good estate plan for a business owner, it is important to ensure the business documentation is current and easily accessible to the executor. Keeping up-to-date documentation will minimize the risk of an oversight by the executor or a mistake resulting from obsolete documentation. What documents should be kept current? Here is a non-exhaustive list: Corporate minute book – it is important for the corporate minute book….

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McNeill v. Phillips: Moral Obligations Don’t Create Legal Duties

A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The plaintiff, the biological daughter of the deceased, brought a negligence claim against her mother’s spouse, who was not her biological….

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Rule 7 and New Ontario Regulation 173/25

The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

Balancing the Indian Act and Formal Will Requirements: Bayliss v. Burnham

The recent decision in Bayliss v. Burnham, 2025 ONSC 5376 provides insight into how estate issues involving the Indian Act (the “Act”) are resolved. Kenneth Ryan Hill (“Kenneth” or the “Estate”) passed away from natural causes on January 18, 2021 in Miami, Florida. Kenneth was a status Indian registered under the Act, a permanent resident of the Six Nations of the Grand River Reserve and a member of the Mohawk….

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Contested wills, Uncategorized

When the “Wills Exception” to Solicitor-Client Privilege Applies

Solicitor-client privilege is a fundamental legal principle that protects communications between lawyers and their clients. This principle allows clients to speak freely in front of their lawyers without fear of their conversations being disclosed to anyone else. In the estates world, the question can sometimes become, what happens to solicitor-client privilege when the client dies and production of the solicitor’s file is sought? The recent case of Butt et al…..

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