Estate Law
Estate Law
Estate litigation can be complex, and challenging a will is often an emotionally charged and demanding process. When a court decision doesn’t go your way, the option of an appeal offers a second chance, but only if conducted meticulously and within strict legal parameters. A recent decision from the Ontario Court of Appeal, Henderson v. Wang, 2025 ONCA…
In Barbieri v. White, 2025 BCCA 253 (CanLII), the British Columbia Court of Appeal (“BCA”) considered the removal of Ricardo Barbieri (“Rick”) as executor of his late mother’s estate. His sister, Teresa White, had made allegations of self-dealing and preferential treatment by Rick. Rick and Teresa had been co-executors of the estate. Teresa wanted Rick removed…
Inter vivos gifts are a common tool in estate planning used by parents to pass on assets to their children during their lifetime. This allows parents to exercise more control over their assets and save on estate administration taxes. However, using inter vivos gifts in estate planning also comes with risks, particularly if the intentions…
On September 12, 2024, the Ontario Court of Appeal released their decision in Ingram v Kulynych Estate.[1] The Court considered which limitation period to apply to a constructive trust claim against an estate: the two-year limitation period under s. 38(3) of the Trustee Act[2] or the ten-year limitation period under s. 4 of the Real…
In a recent, 2024 Ontario Superior Court of Justice decision, Estate of Angela Sebanc v. Peter Sebanc1, Justice Bloom considers, among others, granting a motion to dismiss ongoing litigation in light of significant delays in proceedings. Facts: Angela Sebanc passed away on February 26, 2017 and was survived by her five children, including Victor and…
The Supreme Court of British Columbia highlights the importance of solicitor-client privilege in De Cotiis Estate. The lawyer representing one of the estate’s beneficiaries, made numerous references to privileged documents in various court documents. The deceased’s former lawyer and executor brought an application to prevent the deceased’s son from continuing to use privileged documents in…
In the recent Court of Appeal decision, Ihnatowych Estate v Ihnatowych, 2024 ONCA 142, the court held that under the common, law, the courts can rectify deficiencies and errors in a Will. The courts should be concerned with a testator’s intentions not being followed because of errors or deficiencies in a Will. Re Estate of…
In the recent case of Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Ontario Superior Court of Justice concluded that the handwritten notes of the deceased served to revive his final will and testament. Facts Harold Franklin Campbell passed away on June 11, 2020, survived by his two children from his first marriage,…
In the recent case of Falsetto v. Falsetto, 2023 ONSC 1351[1], Justice Bell decides on the issue of whether a resulting trust can be established in a situation where property title is placed in a third party’s name, primarily to comply with the Planning Act[2]. This case highlights the importance of documenting intentions when transferring property to…
Naming an estate trustee during litigation (“ETDL”) is meant to reduce conflict and streamline the administration of an estate. However, problems can arise when a former estate trustee (and beneficiary) continues to cause conflict and frustrate the efforts of the ETDL. This was the case in the recent Ontario Superior Court decision Estate of Georgia…