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

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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

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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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Valuing In-kind Donations

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There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.”  In other words, some gifts may be too good to be true.  This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation.  Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….

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Estate Administration, Estate Donations, Uncategorized

Inter Vivos Transfers and the Intention to Gift

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In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her mother. The withdrawals amounted to approximately $1.7M and were withdrawn over the course of about 1.5 years. The applicant argued….

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Contempt Orders, Committal Warrants, and the Limits of a Stay

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*Today’s blog post was written by Iryna Huk, Articling Student at de VRIES LITIGATION LLP The recent Court of Appeal decision in Di Nardo v. Nagy, 2025 ONCA 523 highlights the complexities of contested estate administration and the serious consequences trustees may face when they ignore court orders. Background of the Dispute The case arose out of the administration of the late Mr. Di Nardo’s estate. His daughter, Ms. Di Nardo,….

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Marriage vs Common Law – how does it differ at death?

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Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There is often an assumption that being in a common law relationship is no different than being married – marriage is just a formality, right? And in many aspects of life, perhaps this is true, but at death, this is not the case. The tradition of marriage still affords statutorily protected benefits in Ontario when it….

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