Considering adding the following clause to Schedule “B”: “If the Buyer’s Offer is conditional upon the inspection of the subject property by a home inspector, and the report obtained is …
When a Parent Gives $1.7 Million to One Child: Court Review
Buffa v. Giacomelli, 2026 ONCA 566 What happens when a parent gives more than $1.7 million to one child during their lifetime, even though the parent’s Will divides the estate …
Keep the House or the Pension Division After 50?
For many couples, the family home is viewed as the most valuable asset accumulated during marriage. However, for those separating later in life, the pension may be worth even more. …
When a Drafting Error Changes an Estate
Kentros v. Kentros, 2026 ONCA 546 Estate planning is intended to provide certainty. Yet even a carefully prepared Will can produce years of litigation if a drafting error prevents the …
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 …
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 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 …