Making a Will is one of the most important legal decisions you will ever make. It allows you to decide who will receive your assets, who will administer your estate, …
Handwritten Codicil Was Invalid Due to Suspicious Circumstances, Lack of Knowledge and Approval, and Testamentary
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 …
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 …
Can an Attorney Under a Power of Attorney Delegate Their Authority?
A common practical issue arises when an attorney for property is temporarily unavailable due to travel, illness, or other commitments. For example, A grants B a Power of Attorney for …
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 Oral Promise About a Home Becomes Enforceable
Jeffrey v. Jeffrey, 2026 ONSC 1959 In Jeffrey v. Jeffrey, the Ontario Superior Court of Justice considered a difficult family dispute involving an oral agreement, a family home, and the …
Ontario Court Recognizes Israeli Guardianship Order
Abitbol v. Abitbol, 2026 ONSC 1636 Cross-Border Incapacity Planning Continues to Evolve In Abitbol v. Abitbol, the Ontario Superior Court of Justice addressed an increasingly common issue in modern estate …