Wills, Trusts & Estates
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April 17, 2026
MLT Aikins adds Steven Prysunka in Edmonton office
MLT Aikins has welcomed Steven Prysunka as an associate in its Edmonton office.
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April 17, 2026
No contest clauses beyond will challenges: Can estate litigation result in disinheritance?
Testators have long used no contest clauses to threaten disinheritance should a beneficiary challenge their will. Recently, it became clear that no contest clauses can also extend beyond will challenges to discourage beneficiaries from commencing other forms of estate litigation.
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April 16, 2026
Estate challenges if your children live in the U.S.
When children are growing up and living at home, most families could not foresee the challenges involved when one or even all of them end up living in the U.S. Children often decide to live permanently in the U.S. to pursue employment opportunities following post-secondary education in the U.S. Or sometimes, they meet their future spouse while attending a U.S. university, co-habit or marry, have children and settle in the U.S.
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April 13, 2026
Why equal shares aren’t always equal: RRIF estate tax lessons
What happens when a Registered Retirement Income Fund (RRIF) is included in an estate but the will says nothing about it? The Québec Superior Court answered that question in Noël c. Birk, 2026 QCCS 187, and the answer should matter to every estate planner, liquidator and testator with registered assets.
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April 10, 2026
SCC backs insurer in dispute over Quebec death declaration
In a unanimous ruling, the Supreme Court of Canada has clarified the degree of proof required to establish the “return” of a person declared dead under the Civil Code of Quebec. Under the Code, a court can declare a person dead if they have not been heard from in seven years. Known as a declaratory judgment of death, it allows for settlement of a person’s affairs such as permitting succession and dissolving a marriage.
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April 10, 2026
ABSENTEES - Rebuttal of presumption - Existence of strong motive for disappearance - Standard of proof
Appeal by Riddle from a judgment of the Quebec Court of Appeal which allowed in part an appeal. In 2008, Riddle’s spouse, Imanpoorsaid, informed her that he was going to Toronto, which was not unusual in his line of work. However, he never returned.
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April 10, 2026
WILLS - Preparation and execution
Appeal by appellants from a summary judgment decision dismissing their solicitor’s negligence action. The action was against the respondents, Dioguardi and his law firm, on the basis that it was an abuse of process. The respondents drafted the 2018 Will of James Sr.
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April 08, 2026
The rule of law is not a given
Most of us who have grown up in Canada, whether we realize it or not, have always taken the rule of law for granted. We never really thought about it, or what it even was, but that is precisely the point. It has always just been there, like oxygen. You don’t think about oxygen until you have trouble breathing. We as a society are now having trouble breathing.
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April 07, 2026
A modern approach to exhibit stamp placement on wills
When seeking probate in Ontario, applicants must provide evidence that the will was duly executed, typically in the form of an affidavit of execution, sworn by one of the subscribing witnesses to the will. The original will is attached to the affidavit as an exhibit and therefore must be marked with an exhibit stamp. While this step is routine, where an exhibit stamp is placed on a will has recently become a matter of choice rather than convention.
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April 02, 2026
N.B. giving millions to justice services, increasing various fees
New Brunswick is investing millions in its justice and safety services — including more than $1 million for the agency investigating incidents of death, injury or sexual assault involving a police officer. As part of an April 1 news release, the province also detailed a myriad of fee hikes, including an increase in filing a claim to small claims court, a per-page increase for criminal and family matter transcripts and a rise in costs involving probate court.