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In the context of an estate litigation in Ontario, the division of personal items can often be a contentious issue. Whether a will exists or not, disputes over who gets what can arise, leading to prolonged legal battles and strained relationships among beneficiaries. When the deceased died with a Will, the deceased’s wishes regarding the…

Basic Introduction Many Wills are created to ensure that the assets of a testator are protected and properly administered after their death. While the Estates Administration Act, R.S.O. 1990, c. E.22 typically governs the administration of Estate assets, some testators incorporate a clause in their Will that provides an Estate Trustee with unfettered discretion to…

In the intricate landscape of Ontario’s estate law, various terms and concepts can be baffling, especially for those embroiled in legal proceedings. One such term is “ETDL” or Estate Trustee During Litigation. Let’s unravel this concept and shed light on its significance in Ontario’s legal framework. What is an Estate Trustee During Litigation (ETDL)? An…

Joint tenancy can be a convenient way to hold property, especially for couples or family members. However, it’s essential to understand the legal implications, including the process of severing a joint tenancy when necessary. Let’s delve into the intricacies of this law in Ontario. What is Joint Tenancy? Joint tenancy is a form of property…

In the midst of the global pandemic, substantive changes also came to the Estates world, particularly with respect to the Succession Law Reform Act (the “SLRA”). See also “Substantial Compliance Comes to Ontario”.  The new legal entitlements that a former/current spouse may have in relation to your Estate are discussed below.     Effect of Marriage on…

Estate disputes in Ontario often extend beyond contesting the validity of a will. A significant aspect of estate litigation involves dependant support claims, a legal avenue available to certain individuals who believe they have not been adequately provided for in the deceased’s estate. Dependant support claims are rooted in the notion that individuals who were…

Estate disputes often unfold in the wake of a family member’s passing, with surviving relatives questioning the contents of the deceased’s Will. Challenging a Will is a multifaceted process, and in Ontario, where the legal landscape is nuanced, understanding the intricacies becomes paramount. This blog aims to demystify the process, incorporating crucial insights into challenging…

Historically in Ontario, as in many other jurisdictions, the doctrine of strict compliance with the formalities of execution of a will was a fundamental legal principle that governed how wills were created and validated. This doctrine set out specific requirements that must be met for a will to be considered legally valid. Failing to meet…

Introduction The concept of challenging a will before the testator’s death is a rare and complex legal issue that falls outside the traditional norms of estate litigation. In Ontario, as in many jurisdictions, the prevailing principle is that wills can typically only be challenged after the testator’s passing. This blog post will explore the concept…

What is the “Slayer Rule”? In simple terms, the “Slayer Rule” prevents somebody who has intentionally caused another’s death from taking a share of a deceased’s estate, whether under the deceased’s Will or under intestate. The case which is commonly cited for this type of situation is the old case of Lundy v Lundy (1895)…