Wills, Trusts & Estates

  • July 30, 2026

    Gifts, loans and ‘mom promised me the house’

    In 2009, a mother transfers $150,000 to her eldest son so he can close on his first house. Nothing is signed. She mentions to a neighbour that he will pay her back “when he is on his feet.” She tells the son it is “his share, early.” Meanwhile, her daughter gives up an apartment and a job in another city, moves into the family home and spends 11 years caring for her mother, on the strength of an assurance repeated over many Sunday dinners: the house will be yours. The mother dies in 2024. Her will divides the estate equally among her three children.

  • July 29, 2026

    Shares from trust not ‘gift’ from third party after marriage, Ontario Appeal Court says

    Ontario’s top court has ruled that a woman’s interest in a family trust created during an estate freeze was not a gift from a third party after marriage, a finding that led to an $18-million equalization payment to her former husband.

  • July 28, 2026

    A clash of loyalties: Executor conflicts of interests

    Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own. Where an executor’s personal obligations, financial interests, or relationships conflict with these duties, these conflicts of interest can lead to family disputes, high legal costs, and can jeopardize proper estate administration.

  • July 24, 2026

    Spouses, estate law and the principal residence exemption

    This is the scenario: John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s property”). In 2006, John and Jane become common law spouses and go back and forth between living at their respective properties — typically John’s during the fall and winter months and Jane’s during the spring and summer months. John and Jane never enter into any domestic agreement. Both were previously married and have children from prior marriages, who are their primary beneficiaries and not each other.

  • July 23, 2026

    Family law: Separation preparedness for the public

    Is it time to acknowledge and address the gap in practical education, practical readiness and practical understanding for the public in family law matters?

  • July 17, 2026

    Irregularities can invalidate a will: More on Anroop v. Naqvi

    In the second part of this two-part series, we will be discussing what irregularities in a will can cause the entire will to be invalid and if a mistake in a will can be detrimental to its validity.

  • July 16, 2026

    Strategic AI adoption and implementation: Making AI work for law firms

    Generative artificial intelligence is currently reshaping professional services, including the practice of law. For law firms that have not yet made the leap, incorporating AI into private practice may feel daunting. Challenges can include identifying where AI can deliver meaningful value, being willing to experiment with proven workflows and selecting the “right” AI platforms. Rather than approach AI adoption as a technology initiative, this article advocates for treating AI as a business improvement initiative by deliberately targeting specific inefficiencies and implementing AI incrementally to realize measurable benefits.

  • July 10, 2026

    Ontario court says insurability rule has no time limit

    Ontario’s top court has ruled that a section of the provincial Insurance Act that allows insurers to deny coverage due to changes in a person’s circumstances is not time-limited.

  • July 10, 2026

    Many trial judges overworked and stressed — but not as much as lawyers: new national survey

    Many federally appointed trial judges report stress from excessive workloads, limited control over their time in the workplace and too few support resources, according to a new national survey of judges’ physical and psychological health. On July 9, the Canadian Judicial Council (CJC) reported on extensive research commissioned from the Université de Sherbrooke between 2024 and 2026 by the council of 44 chief and associate chief justices.

  • July 09, 2026

    When the presumed dead return: SCC’s ruling on declaration of death in Riddle v. ivari

    What happens when someone declared legally dead turns out to be very much alive? On April 10, 2026, the Supreme Court of Canada confronted precisely that question in Riddle v. ivari, 2026 SCC 9, issuing a unanimous ruling on the annulment of a declaratory judgment of death with significant implications for Quebec civil procedure and life insurance litigation.