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Two weeks ago, I posted Part I of this series. This blog is the second edition, as promised, and will detail 3 more recently released decisions that have had a lasting impact in the estate litigation and planning worlds. Salmon v. Rombough, 2024 ONSC 1186 This decisions applies the (fairly) newly entrenched section 21.1 of the Succession Law Reform Act (“SLRA”), which allows documents to be recognized as valid wills….

Probate is the process by which the validity of a Will is determined. When executors named in a Will apply for probate, they must establish that The testator satisfied the statutory age requirement to make a Will; The Will followed statutory requirements and had not been revoked; The testator knew and understood the contents; The Will was not affected by mistake; and The testator had testamentary capacity. In probate matters,….

  Kira Domratchev, Partner, Gowling WLG (Canada) LLP In my first blog since returning from parental leave, I decided to keep it simple and discuss the importance of obtaining a judgment on settling a matter outside of the court (particularly given the set of facts present in the following case summary). In a recent decision, the Saskatchewan Court of King’s Bench[1] addressed a scenario where the applicant was owed money….

Throughout 2024 and into early 2025, the Courts released many riveting and groundbreaking decisions that have had an echoing effect throughout the estate litigation world. This blog will detail 5 of those decisions and cover a variety of topics and issues relevant to estate litigation and planning. A second blog acting as a “Part II” detailing other important decisions will be coming soon to a blog website near you. Tessaro….