Schickedanz v. Schickedanz, 2026 ONCA 191 Overview In Schickedanz v. Schickedanz, 2026 ONCA 191, the Ontario Court of Appeal considered whether a handwritten codicil made by an 85-year-old woman, which …
Matrimonial Home Sale: First 60 Days
Question: I have a family member whose husband just passed away. His sister has listed his home on MLS® with a REALTOR®®. The REALTOR® has been advised many times via …
Estate Trustee Compensation in Ontario
The Ontario Approach to Executor Compensation Many people assume that Ontario law provides a fixed percentage or formula for compensating executors and trustees. In fact, no such rule exists. Ontario’s …
No Contest Will Provisions
A Will-maker may include a no-contest clause to discourage beneficiaries from challenging a wWll, but such clauses are only enforceable in limited circumstances under Canadian law. A valid clause generally …
No Contest Provision Enforced: Beneficiary Loses Inheritance
Franklin Estate (Re), 2026 NLSC 7 This case concerned the estate of John Franklin, who died in 2019 and left a Will appointing his daughter Nina as Executrix and including …
Placement of Remains: Who Knows!
Curry v. Curry, 2023 NSSC 402 Background The Supreme Court of Nova Scotia, in Curry v. Curry recently looked at a case which involved the placement of remains. Anne Curry …
Probate Fees in Ontario: Can You Deduct the Mortgage?
One of the most common misconceptions in Ontario estate administration is whether a mortgage can be deducted when calculating probate fees ,officially known as the Estate Administration Tax (“EAT”), but …
When an Attorney (with a Power of Attorney) Helps Change the Will
Kroeger v. Bush Estate, 2026 BCCA 16 A recent decision from the British Columbia Court of Appeal provides an important warning about the risks that arise when a beneficiary who …
Seller Passes Before Closing
Question: What happens if a Seller passes away prior to close? Only one person on title, no spouse; can it close? Does it need to go through probate first? The …
Courts Expand the “Substantial Compliance” Doctrine for Wills
White v. White, 2023 ONSC 7286 The Ontario Superior Court considered an important and developing issue in estate litigation: when can a Court look behind a formally executed Will and …