Wills, Trusts & Estates
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August 01, 2025
Manitoba court clarifies proof standards for will challenges
For a will to be recognized as valid, the testator must have known and approved of its contents. Typically, knowledge and approval are presumed when a will is submitted for probate, provided it was duly executed.
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July 30, 2025
Expert panel recommends 24 pre-1970 Supreme Court precedents for priority translation
The Supreme Court of Canada — which drew fire last year for its posting, and then removal, of some 6,000 pre-1970 untranslated (mostly English) judgments from its website — says it has started to translate some of the court’s “most significant” decisions rendered before the 1970 Official Languages Act (OLA) required all new judgments to be issued simultaneously in both official languages.
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July 30, 2025
Christine Dimitrov joins MLT Aikins in Vancouver
MLT Aikins has welcomed Christine Dimitrov as an associate lawyer in its Vancouver office, where she has joined the trusts, estates and legacy planning team.
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July 29, 2025
Trudeau Liberals increased diversity of federal benches; female jurists made big gains: report
The former Trudeau government’s nine-year push for diversity in federal appointments since 2016 saw big progress for female jurists — who now make up 49 per cent of all federally appointed judges — along with significant gains for jurists who self-identify as Indigenous, racialized, ethnic, 2SLGBTQI+ or as having a disability, according to the latest information from the Office of the Commissioner for Federal Judicial Affairs.
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July 28, 2025
How your kids can access the ‘Bank of Mom and Dad’ to buy a home
Even though the housing market in the Greater Toronto Area (GTA) and elsewhere is currently undergoing a downturn due to economic uncertainty, homeownership likely remains out of reach for many. For young Canadians, a home purchase is often supported (at least partially) by the “Bank of Mom and Dad.”
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July 23, 2025
G20 finance ministers discuss international tax reforms and debt relief framework in South Africa
Finance ministers and central bank governors from the world’s 20 largest economies (G20) have concluded their third meeting of the year in Durban, South Africa, by endorsing several initiatives with potential legal and regulatory implications for international finance and taxation.
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July 23, 2025
Clark Wilson welcomes new associate Sean Kelly
Sean M. Kelly has joined Clark Wilson’s estates and trusts opinions and appeals group as an associate.
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July 22, 2025
Finality over fairness: A cautionary tale in will drafting, limitation periods
The Ontario Superior Court’s decision in Tessaro v. Gora, 2025 ONSC 198 quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered? In answering this question, Justice Fred Myers not only clarified the legal consequences of such an error but also reiterated the importance of diligent drafting in estate planning.
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July 21, 2025
B.C. Court of Appeal upholds executor removal despite procedural challenge
The British Columbia Court of Appeal has largely upheld a lower court’s decision to remove an executor from his mother’s estate, rejecting his claim that property transfers to himself and his brother were legitimate distributions rather than improper self-dealing.
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July 18, 2025
Registered accounts: Designating beneficiaries
Individuals in Ontario may designate beneficiaries for their registered accounts — such as TFSAs, RRSPs, RRIFs and FHSAs (see Part III of the Succession Law Reform Act, RSO 1990, c S.26 (SLRA)). This designation ensures that, upon the account holder’s death, the proceeds are paid directly to the named beneficiary, thereby bypassing the estate. This not only avoids estate administration tax on those funds, but also often allows for a quicker distribution to the designated beneficiaries as well as regarding RRSPs and RIFFs creditor protection.