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…
So you’re thinking about disinheriting your child. Contrary to what you and others might think, this does not make you a bad parent. Unlike in forced heirship regimes, children in Ontario have no legal right to inherit anything from their parents’ estates. You may disagree with their lifestyle, politics, finances, or simply desire to see…
When you are doing Estate planning, most individuals want as little as possible to go through their Will. They want to minimize their Estate in order to save on Estate Administration Tax (probate tax). Imagine – you are considering drafting a new valid Will. You have already done one previously and ensured that your investments…
Estate litigation can involve highly contentious proceedings, particularly among family members. When a person, particularly a child, feels as though they have not been adequately provided for or have been left out of the Will, feelings can get hurt, and proceedings can become emotionally driven. That individual may then commence proceedings against the estate to challenge the validity…
In some instances, estate litigation can involve challenges to the will by individuals who believe they should have been a beneficiary of the estate in specific capacities. In the recent decision of Fair v. BMO Nesbitt Burns Inc.,the Court of Appeal of Ontario was asked to determine whether a beneficiary to an investment account was…
In a previous post, we blogged about the requirements for a valid will. One of those elements is testamentary capacity, meaning that the will-maker must have the necessary mental capacity to understand the nature of their property and provide instructions regarding preparation of the will. Lack of testamentary capacity is a common basis which individuals…
In Ontario, for a Will to be considered valid, it must be created by a testator who is of sound mind and over the age of 18. The testator must also sign the Will in the presence of two witnesses, who then sign confirming they witnessed the testator’s signature. But what happens when a witness later tries…
While a testator may do everything they can while they are alive in an effort to set up their estate for easy distribution, they cannot prevent someone from challenging their will after they pass. Sometimes individuals who believe that they should have been included in the will as a beneficiary choose to contest a will…
Family disputes are common when it comes time to administer a Will. Sometimes, the deceased will have made promises to family members that are only found to be false when their Will is revealed after death. Nevertheless, mere disappointment is not enough to challenge a Last Will and Testament. Evidence must back up any allegation…
Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment…