Capacity Assessment Considerations
Capacity issues arise frequently in the estates world, yet capacity assessments are often misunderstood. Keep the following in mind when …
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Hejno v. Hejno, 2025 ONCA 876: Court of Appeal Addresses Fresh Evidence and the Validation of Imperfect Wills Under s. 21.1 of the SLRA
The Court of Appeal for Ontario’s decision in Hejno v. Hejno, 2025 ONCA 876, provides further direction on the approach
Security for Costs in the Estate of Lascelles George Burnett
A recent decision of the Superior Court of Justice, Estate of Lascelles George Burnett v. Heakes Housley, Barristers & Solicitors,
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When Bank Forms Rebut the Presumption of Resulting Trust
Introduction The doctrine of resulting trusts continues to shape the outcome of disputes over joint bank accounts between parents and
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Considering the Inclusion of Foreign Assets in Net Family Property Calculations in Ontario
In Ontario, when a married spouse dies, the surviving spouse is often tasked with determining whether to elect to accept
Counting the Numbers: the Canadian Pension Plan Death Benefit
Navigating administrative and financial responsibilities after the loss of a loved one can be overwhelming. In addition to managing the
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In Personam Jurisdiction in Estate Litigation: Navigating the Treatment of Foreign Real Property
Estate litigation sometimes tests jurisdictional limits of Ontario courts, especially when foreign real property is involved. Ontario courts are at
When a Guardian Cannot be Reached: Using Rule 16.04 to Dispense with Service Requirements when Seeking the Removal of a Guardian of Property in Ontario
A guardian of property often plays an essential role in the life of the person under disability for whom they
When Can a Party be Excluded from Attending Out-of-Court Examinations? A Review of Ontario Law
Whether it is to gain an advantage or borne from genuine concern for the negative impact on the quality of
When a Simple Direction to Pay Debts Can Complicate an Estate
Many Wills begin with a familiar phrase: “I direct my executor to pay my just debts as soon as possible
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