Exploring Creative Solutions for Personal Item Division in Ontario Estate Litigation
In the context of an estate litigation in Ontario, the division of personal items can often be a...
The Power and Discretion of Trustees in Delaying the Sale of Estate Assets in Accordance With the Terms of a Will
Basic Introduction Many Wills are created to ensure that the assets of a testator are protected and properly...
Demystifying ETDL: Understanding the Role of an Estate Trustee During Litigation
In the intricate landscape of Ontario's estate law, various terms and concepts can be baffling, especially for those...
Severance of Joint Tenancy
Joint tenancy can be a convenient way to hold property, especially for couples or family members. However, it's...
Recent Amendments to the Succession Law Reform Act : What you need to know.
In the midst of the global pandemic, substantive changes also came to the Estates world, particularly with respect...
Provisions for Fairness: Dependant Support Claims in Ontario
Estate disputes in Ontario often extend beyond contesting the validity of a will. A significant aspect of estate...
Challenging a Will: Navigating the Complex Web of Contesting a Will in Ontario
Estate disputes often unfold in the wake of a family member's passing, with surviving relatives questioning the contents...
Substantial Compliance Comes to Ontario
Historically in Ontario, as in many other jurisdictions, the doctrine of strict compliance with the formalities of execution...
Pre-Death Will Challenges – is it possible?
Introduction The concept of challenging a will before the testator's death is a rare and complex legal issue...
The Slayer Rule: What Is It and When Does It Apply?
What is the “Slayer Rule”? In simple terms, the “Slayer Rule” prevents somebody who has intentionally caused another’s...
Deposits in Real Estate Transactions
Many home buyers do not see a real estate lawyer until after they have signed an agreement of...
Road Access – Overview of the Road Access Act
Brief Introduction The Road Access Act 1978 (“the Act”) came into force in an attempt to resolve disputes...
The Predatory Marriage: A Thing of the Past?
Predatory marriage is a disturbing phenomenon that was under scrutiny in Ontario. This practice involves the manipulation or...
Occupation Rent in Estate Litigation
A claim for occupation rent consists of a claim seeking an order that a party pay rent for...
Is Your Beneficiary Designation Safe?
On March 16, 2020 the Hon. Justice R.A. Lococo of the Ontario Superior Court released his reasons for...
Section 3 Counsel – What is your role?
Pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the “SDA”) if an...
Animo Revocandi – The Presumption of Revocation
Animo Revocandi is a Latin term which means the intention to revoke. It is the state of mind...
Preservation Orders in Dependant’s Relief Claims
A preservation order in the context of a dependant’s relief claim is critical to ensure that there are...
Gifts to Adult Children – the Presumption of Resulting Trust
Adding a child on title to a property or as a joint account holder on a bank account...
Costs in Guardianship Applications
Guardianship applications are often commenced out of necessity. Some examples of when and why a guardianship application occurs...
Interpretation of Wills & The Armchair Rule
The Court is often asked to render a decision regarding a dispute related to the interpretation of a...
