Wills

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The Importance of Choosing the Right Trustee: Lessons from Jones v. Jones

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Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls involved in trust administration. This case underscores the importance of choosing a trustee who is not only knowledgeable and capable….

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Estate Planning, Family Conflict, Trustee, Trustee Disputes, Trusts, Wills

Modern Families: Children and Issue in Jay Pritchett’s Will

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. In my last blog post “Modern Families: References to Children and Issue in Wills – All About Estates”, I discussed the meaning of “children” and “issue” for the purpose of determining the beneficiaries of an estate where a Will refers to such classes of beneficiaries. I applied the applicable Ontario legislation to some of the characters from….

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Estate Administration, Estate Planning, Family Conflict, Wills

Modern Families: References to Children and Issue in Wills

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Like many modern families, the fictional Pritchett family in the series “Modern Family” has a variety of personalities, family dynamics and relationships, traditional and modern viewpoints. The many possible iterations and permutations of what makes a family is a beautiful thing. But, it can also create complexity when it comes to defining who is and who is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

A Closer Look at Simultaneous Deaths

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Recently, the world learned of the passing of actor Gene Hackman and his wife, Betsy Arakawa in what appeared to very strange circumstances. Initially, there were concerns that their deaths may have been as a result of carbon monoxide poisoning. Autopsy reports have later revealed that this is not the case. Almost immediately, the media started talking about their Estates, with initial reports suggesting that Gene’s Will did not name….

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Estate Administration, Estate Planning, In the News, Uncategorized, Wills

Undue Influence: A Primer

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Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack of testamentary capacity, it is not always so. In fact, undue influence may exist even where the testator has capacity….

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Contested wills, Courts, Estate Litigation, Undue influence, Wills

Inflation factor in hotchpot

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Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP Including an inflation adjustment clause in a Will where the circumstances so warrant can help with achieving fairness. The fairness can be as simple as ensuring monetary values expressed in a Will are brought up to the real dollar value as at the date of death using an inflation factor. A less obvious….

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