Wills, Trusts & Estates

  • December 12, 2025

    The push and pull between testamentary freedom, familial obligations in dependant relief claims

    One of the hallmarks of Ontario’s estate planning regime is testamentary freedom. It gives individuals, when drafting and executing their wills and estate plans, the ability to distribute their assets in the manner they see fit.

  • December 12, 2025

    Lawyers’ year end 2025 and upcoming legal challenges 2026

    As 2025 comes to an end and everyone attends their holiday parties, let’s prepare for the challenges that will be faced by legal professionals in the upcoming year. Here are a few that come to mind:

  • December 12, 2025

    WILLS - Variation - Contestation of claims - Adequacy of bequests to dependants

    Appeal by Lee Everett Stuart (Lee) from application judge’s decision. Vernon Sanford (Mr. Sanford) passed away. Following his death, two versions of his will were discovered: an unexecuted copy dated 2002, and an executed will, dated May 5, 2006.

  • December 11, 2025

    Stewart McKelvey to admit 3 new partners in 2026

    Stewart McKelvey will welcome three lawyers to the partnership effective Jan. 1, 2026, according to the Atlantic Canada-based firm.

  • December 11, 2025

    Using expert evidence to determine whether a trust is a sham

    When issues arise in litigation that involve specialized knowledge, technical expertise or scientific understanding, it is relatively common for the parties to submit expert evidence to assist the court with making its determinations. Expert evidence may be admissible on a wide range of issues — even specialized legal issues — so long as the evidence is proffered by a properly qualified expert, is relevant and necessary, and is not barred by an exclusionary rule.

  • December 08, 2025

    Quebec’s young lawyers are suffering psychological distress, report reveals

    More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.

  • December 03, 2025

    Navigating continuing powers of attorney for property: Key dos and don’ts

    In estate law, when a grantor becomes mentally incapable, a continuing power of attorney for property is the estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor and do everything the grantor could lawfully do, except make a will. An attorney for property owes a fiduciary duty to the grantor and must always act in his or her best interests.

  • December 03, 2025

    Success rate for injured applicants at Licence Appeal Tribunal continues to plummet

    As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.

  • November 27, 2025

    Christina Kim joins Robins Appleby LLP’s wills and estates team

    Robins Appleby LLP has announced that Christina Kim has been added as an associate to its wills and estates group.

  • November 27, 2025

    Law360 Canada Pulse survey 2025: AI sparks debate on legal industry's future

    Canadian lawyers are somewhat split on the impact artificial intelligence will have on their industry, a new Law360 Canada survey shows. According to the 2025 Lawyer Satisfaction Survey — which marks Law360 Canada’s third deep dive into the feelings and thoughts that legal professionals have about their jobs — nearly half of respondents agreed that both the pros and cons of AI are sizable.