Estate Law
Estate Law
A recent Ontario Superior Court decision, O’Brien v. Deslippe, 2026 ONSC 58 (“O’Brien”), highlights a critical reality in estate litigation: evidence is paramount. The decision reinforces that courts will not entertain serious estate disputes based on suspicion or family conflict alone. When seeking the extraordinary remedy of removing an estate trustee, there must be a…
Serving as an estate trustee in Ontario is more than an administrative role; it is a legal position of trust and accountability. Trustees are fiduciaries, meaning they must act with complete honesty, loyalty, and transparency for the sole benefit of the beneficiaries. Their decisions must be grounded in prudence, fairness, and independence. The Ontario Court…
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…
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…
When a parent dies, it is common for their children to come together to handle the estate. However, this can lead to a number of disputes which may end up in litigation. When siblings cannot agree, the courts can step in to provide clarity. This allows them to determine how the estate should be split and…
Being named executor of an estate comes with a lot of responsibility. Not only is the executor responsible for the administration and distribution of the estate, but the role also opens them up to the possibility of personal liability. For this and other reasons, executors are generally entitled to compensation equal generally to about 5%…
Last year we reported about a dispute among the siblings of a Canadian figure skater turned artist who passed away in Mexico, leaving a very valuable estate behind. The matter has finally been resolved, and we wanted to let our readers know about how it turned out, particularly in relation to costs, which were significant….
Those familiar with estate litigation are well aware that family relationships can be complicated, and in the event of someone’s death, the problems in relationships amongst surviving members of the family can lead to impasses in how the deceased’s estate is managed. In a recent decision from the Ontario Superior Court of Justice, the court…
It has been a number of years since pop star Britney Spears has been a household name in many parts of the world. Stories about her struggles with fame and mental health are almost as common as those about her stunning rise to the top of the pop charts in the late ‘90s and early…