Estate Law
Estate Law
When someone passes away, one of the first steps in estate administration is probate, which is the process of proving a will and giving the executor legal authority to deal with the estate. A key part of probate is the…
Estate litigation can be complex, and challenging a will is often an emotionally charged and demanding process. When a court decision doesn’t go your way, the option of an appeal offers a second chance, but only if conducted meticulously and…
Many people believe that getting divorced in Ontario automatically cancels their will. This is not true. While a divorce does change your will in some important ways, it does not erase it entirely. If you don’t take action after a…
In Forgione v. Alonzi, 2025 ONSC 4051 (CanLII), a dispute arose between family members regarding the administration of the deceased’s estate. The deceased appointed his granddaughter as his attorney for property and personal care, as well as the estate trustee. The deceased’s (the…
In Barbieri v. White, 2025 BCCA 253 (CanLII), the British Columbia Court of Appeal (“BCA”) considered the removal of Ricardo Barbieri (“Rick”) as executor of his late mother’s estate. His sister, Teresa White, had made allegations of self-dealing and preferential treatment…
Beneficiaries Question Accounting Of Estate Being named the executor or trustee of an estate is a huge responsibility requiring decisions that affect the beneficiaries of the estate. While executors and trustees might look to wrap up their responsibilities as quickly…
Inter vivos gifts are a common tool in estate planning used by parents to pass on assets to their children during their lifetime. This allows parents to exercise more control over their assets and save on estate administration taxes. However,…
Estate administration is the process of organizing and distributing the assets of an estate to the beneficiaries. The executor is responsible for estate administration, including going through the probate process in Ontario, where needed. Although still commonly used, in Ontario…
The use of primary and secondary wills is an estate planning strategy often used to allow assets to quickly pass to family members while the remainder of an estate is settled. Multiple Wills: What are Primary and Secondary Wills? Primary…
In Drennan v. Drennan,[1] Justice Myers of the Ontario Superior Court made a $60,000 costs award against the respondents in an application and concluded that their conduct amounted to an abuse of process and resulted in a loss of value…