Wills

Total 473 Posts

What Happens When a Will is Missing an Important Clause?: Lessons From Kentros v. Kentros

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A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This issue was considered in Kentros v. Kentros, 2026 ONCA 546. This case is a useful reminder of the difficulties that can arise when a will does not accurately reflect a testator’s intentions and raises important questions about the limits of a court’s ability….

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Estate Administration, Wills

That Foreign Property Question

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Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto Many Canadians today have or are thinking of acquiring some form of foreign real estate.  For some, the property was inherited from parents or left behind in the “old country” following a relocation to Canada.  For others, the property is a vacation home or pied-à-terre in another place. A villa in France or a place on the beach in the….

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Estate Planning, Property, Real Estate, Tax Issues, Wills

Equal or Equitable? A Conversation Every Estate Planner Should Have

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. One of the most common instructions estate planners hear from clients is: “I want to treat all of my children equally.” While that may sound straightforward, it often warrants a deeper discussion. In estate planning, equal and equitable are not the same thing, and they can produce very different outcomes. A planner who fails to explore this distinction….

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Estate Planning, Wills

The Consequences of “Stealing” an Estate

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The Court of Appeal recently released a decision dismissing appeals against conviction of a former Toronto police officer and a former employee of the Public Guardian and Trustee (“PGT”) who fabricated the last will and testament of Heinz Siegfried Sommerfeld to benefit the police officer. In 2023, a police officer, Robert Konashewych, and a PGT employee, Adellene Balgobin, were convicted of defrauding the estate of Mr. Sommerfeld, who was an….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Wills

Letters of Wishes When Judgment Is in Question

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Scotiatrust

This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa   Clients are increasingly raising concerns about beneficiaries who may be vulnerable to misinformation, undue influence, or online fraud. In trust planning, that raises a practical and uncomfortable question: how can a trustee exercise discretion responsibly when a beneficiary’s judgment may be compromised, while still balancing that beneficiary’s needs against the interests of others? This is….

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Wills

Planning for the Long Game: What Happens When Your Executor Becomes Incapable?

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This blog has been written by Karen La Caprara, Counsel, at Fasken LLP When contemplating estate planning, it can be easy to focus on a single moment: death. But estate administration does not occur in a moment. It often unfolds over many months, or years, particularly where there is a continuing trust, significant tax work, or illiquid assets. This raises a question that testators can easily overlook at the planning….

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Estate Administration, Estate Planning, Executors, Wills
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