Wills, Trusts & Estates

  • March 10, 2026

    How a referral source can invalidate a will

      In Anroop v. Naqvi, 2026 ONCA 142, the Court of Appeal overturned the Application Judge, Justice Cory Gilmore’s decision Anroop et al. v. Naqvi et al., 2025 ONSC 160, and declared the fourth invalid largely due to the drafting lawyer’s “conflict of interest.”  

  • March 09, 2026

    Ontario Appeal Court unpacks conflict of interest in drafting wills

    Lawyers drafting wills for others must be diligent in avoiding conflicts of interest, says a lawyer acting in a case in which last wishes were deemed invalid due to evidence of a “suspicious circumstance.”

  • March 06, 2026

    Exclusion of refugee claimants from subsidized childcare violates women’s Charter s. 15 rights: SCC

    In a Charter s. 15(1) equality rights milestone, the Supreme Court of Canada has ruled that Quebec’s exclusion of refugee claimants from eligibility for subsidized childcare in the province unconstitutionally discriminates against women based on their sex.

  • March 05, 2026

    I’m on dad’s bank account: Do I get the money when he dies?

    The above headline is a bit of a loaded question. The short answer is: it depends. If you’re interested in the long answer, keep reading.

  • March 04, 2026

    Failure of ongoing duties results in lawyer being removed

    The removal of a party’s counsel of choice during litigation is a remedy granted only in exceptional circumstances. In some cases, an order removing counsel is issued because of a conflict of interest that has arisen with their own client or another party in the litigation, or because the lawyer or another member of their firm will be a material witness at trial.

  • March 03, 2026

    Ontario law society mandates Indigenous cultural competency course

    Law Society of Ontario (LSO) benchers have narrowly approved a mandatory Indigenous cultural competency course for all lawyers and paralegals, despite concerns it could lead to a repeat of the statement of principles drama that engulfed the law society several years ago.

  • March 03, 2026

    Key considerations when using alter ego trusts for estate planning

    When assisting clients aged 65 and older with estate planning, alter ego trusts merit consideration as a means to reduce estate administration tax and facilitate the transfer of assets on death. There are a number of benefits associated with the use of alter ego trusts; however, it is also important to be aware of these trusts’ complexity and potential tax consequences. This article reviews the core features of alter ego trusts, how they are taxed and examines who may benefit from using them.

  • March 02, 2026

    More than 85,000 Canadians registered in Middle East as Iran war disrupts air travel in region

    Ottawa says more than 85,000 Canadians have registered their presence in the Middle East with the Department of Foreign Affairs, urging those still in Iran to “shelter in place.”

  • February 25, 2026

    Family agreements: Key provisions regarding governance of multigenerational businesses

    In part one of this article, we discussed many key provisions that families should consider including in a family shareholders’ agreement (a “family agreement”) in the context of succession planning. In part two, we will discuss the following additional key provisions that can be addressed in family agreements:

  • February 25, 2026

    Court slams Human Rights Tribunal’s refusal to hear cases

    The Ontario Divisional Court has dismantled a major pillar of the Human Rights Tribunal’s unfair drive to reduce its backlog by dismissing most claims without a hearing.

  • February 24, 2026

    Globalization complexity: Foreign beneficiaries, foreign estate taxes

    The Canadian family is becoming increasingly global. One aspect of this is that our children and other family members increasingly work in other countries, sometimes staying after post-secondary education at a foreign college or university, forming relationships, including marriage, having children and settling in their new home jurisdiction. Others immigrate to Canada, leaving relatives and friends in their country of origin.

  • February 23, 2026

    B.C. Court of Appeal reinforces presumption of early vesting in estate law

    When does a class gift vest — upon the testator’s death or at a later time? While vesting often turns on how a will is drafted, in Jack Estate v. Jack Estate, 2026 BCCA 18, the British Columbia Court of Appeal reaffirmed that the presumption of early vesting applies to class gifts absent clear language to the contrary in the testator’s will. The court also made it clear in this decision that the vesting of testamentary gifts will not ordinarily be tied to the timing of estate administration.

  • February 20, 2026

    B.C. seeks public input on regulated paralegal roles

    The British Columbia government is asking for public feedback on what kinds of legal work regulated paralegals should be allowed to do. The Legal Professions Act, which became law in 2024, created a new category of legal service provider — regulated paralegals — who differ from those currently known in the province as paralegals, who work under the supervision of a lawyer and are not allowed to provide legal advice.

  • February 20, 2026

    Visual law: Using tables, diagrams and pictures in legal work

    What if the next presentation you attend is only voice without visuals? If an airplane safety card had only text with no pictures? If a furniture assembly guide was not drawn but written? If the television disappears and only books are left?

  • February 18, 2026

    B.C. court halts CRA charity revocation pending constitutional challenge

    The British Columbia Supreme Court has granted interim relief to a registered charity facing revocation of its status under the Income Tax Act, holding that the court has jurisdiction to restrain publication of a revocation notice where a constitutional challenge is contemplated.

  • February 18, 2026

    Berta Lopera joins Harper Grey as associate counsel

    Berta Lopera has joined Harper Grey’s business law group as associate counsel, focusing on wills and estates, according to the Vancouver-based firm.

  • February 13, 2026

    WILLS - Preparation and execution - Attestation - Formal validity, requirements

    Appeal by appellants from an order validating unsigned 2024 draft wills. The testator, John, died in May 2024 after a lengthy illness. He was in a common-law relationship with the respondent, Jennifer, for 14 years and was previously married to Irene, with whom he had two sons, Jeffrey and David. David’s son, Shawn, was John’s only grandchild.

  • February 12, 2026

    ‘Distemper of our times’ calls for judges to balance restraint with principled ‘bold action’: CJ Joyal

    “Bold” but “properly calibrated” judicial action, rather than reflexive judicial reticence and reserve, is sometimes necessary to preserve public confidence in the justice system — a confidence on which the foundational principle of judicial independence depends, says Manitoba Court of King’s Bench Chief Justice Glenn Joyal.

  • February 06, 2026

    Wills and estates 101: Understanding legal terms

    My colleague, Marly Peikes, wrote an article way back in 2023 that demystified some common legal terms used in Ontario estate and trust planning. While an entire textbook could be filled with estate-related legal jargon, for now, we want to provide our readers with greater clarity on even more commonly used terms in the estate and trust realm, with the goal of making this legal landscape a little less intimidating.

  • February 04, 2026

    Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges

    Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”

  • February 03, 2026

    Gift or loan? Courts weigh in on nature of financial support given by parents to adult children

    When parents provide financial support to their adult children, is it a loan or a gift? While the question might seem straightforward, the assessment can be much more nuanced where clear documentation is lacking.

  • February 02, 2026

    WILLS - Variation

    Appeal by appellant from an order dismissing her claim to vary her father’s will for want of prosecution and application to adduce new evidence on appeal. The appellant’s father died in August 2016, leaving three children and a will dividing the residue of his estate equally among them. Five days before his death, he transferred ownership of three condominiums to two of his children, Colleen and Brian.

  • January 30, 2026

    Ontario court orders new law licence review for man who admitted to sexually abusing children

    Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.

  • January 28, 2026

    A practical way for wills and estates practitioners to start using AI: document review

    For many lawyers, including wills and estates practitioners, artificial intelligence (AI) may feel both promising and risky. On the one hand, AI offers the potential to complete comprehensive work more efficiently than ever. On the other hand, using AI for legal tasks may be outside a lawyer’s comfort zone.

  • January 28, 2026

    Top 10 business decisions of 2025, part one

    Here is my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series begins with the cases ranked sixth through tenth, in ascending order. Part two will cover the top five cases.

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