Estate Law
Estate Law
The financial exploitation of older adults can have devastating effects on the victim and their family. However, there are ways to help prevent financial elder abuse. As parents age, they often depend on others for care, companionship, and financial help. Unfortunately, this need for assistance can create opportunities for unscrupulous people to manipulate, unduly influence,…
As of October 1, 2025, Ontario increased the monetary jurisdiction of the Small Claims Court from $35,000.00 to $50,000.00. This long-awaited reform increases access to justice for countless Ontarians involved in civil disputes. This change allows more families, beneficiaries, and professionals to pursue estate-related financial claims in a faster, simpler, and more affordable forum. For…
In Forgione v. Alonzi, 2025 ONSC 4051 (CanLII), a dispute arose between family members regarding the administration of the deceased’s estate. The deceased appointed his granddaughter as his attorney for property and personal care, as well as the estate trustee. The deceased’s (the Applicants) children, who were also beneficiaries of the estate, alleged mismanagement, theft, and fraud against…
A recent decision from the British Columbia Supreme Court, Kramer v Kramer,[1]considered whether assets transferred to an alter ego trust should be returned to the deceased’s estate as a fraudulent conveyance to satisfy a wills variation claim. British Columbia is unique in Canada for the wills variation provision in the Wills, Estates and Succession Act…
When it comes to estate litigation, it is not uncommon for beneficiaries of an estate to have disputes with an estate trustee over how they manage an estate or whether the trustee is violating their fiduciary duty. These disputes can also occur between beneficiaries and the executor of an estate. Serving as an executor or…