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When someone applies for probate in Ontario (formally called a Certificate of Appointment of Estate Trustee), the process is usually administrative. If the application is complete and uncontested, the certificate is often issued without a hearing. Where there is a genuine dispute about whether probate should be granted, to whom, or in what form, an…

One of the most misunderstood concepts in estate and capacity litigation is the idea that a person either “has capacity” or “doesn’t.” In Ontario law, capacity is not a single, global condition. It is task-specific, context-specific, and variable. The level of mental capacity required depends on what the person is doing — and courts have…

Proprietary estoppel is an equitable doctrine that can create or affect property rights where strict legal title would result in unfairness. Unlike contractual claims, proprietary estoppel can override strict legal title if someone reasonably relied on a promise about property and suffered detriment as a result. In Ontario and Canadian practice, proprietary estoppel often arises…

A constructive trust is an equitable remedy that courts impose to prevent unjust enrichment or remedy wrongful acts. The remedy is discretionary and not limited to any specific relationship; it may be applied in commercial, family, or estate contexts. In Ontario litigation (especially estates, family/property disputes, and fiduciary cases), constructive trust claims often determine who…

What is a LIF? In Ontario, a LIF is a registered retirement plan that converts locked-in pension funds into retirement income. Through a LIF, the account holder can designate beneficiaries like any other investment account. Spousal Entitlement Priority Despite the ability of the account holder to designate beneficiaries, spouses of the account holder have first…

Most people assume that if they die without a Will, (referred to as intestate succession) their spouse or children will “automatically” take over and everything will be straightforward. That assumption is wrong. In Ontario, dying without a Will — known legally as dying “intestate” — almost always creates more delay, more cost, and more conflict…

Ontario is on the verge of its most significant overhaul of the Rules of Civil Procedure in decades. The Civil Rules Review (CRR) Working Group — comprised of judges, practising lawyers, and academics — has proposed sweeping reform to make civil litigation faster, more efficient, and more predictable. These reforms are currently under review and…

In Ontario, same-sex couples face unique challenges when making a dependant support claim under the Succession Law Reform Act (SLRA). While the law provides avenues for dependants to claim support from a deceased partner’s estate, same-sex couples—who may be less likely to enter into traditional marriage—must often rely on common-law status to establish their claim.…

In Ontario, guardianship of the person is a legal mechanism that allows an individual or entity to make personal care decisions for someone who is unable to do so themselves due to incapacity. Guardianship is a powerful tool designed to protect vulnerable individuals. However, it is also responsive to the variability of one’s capacity and…

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…