Wills, Trusts & Estates

  • 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.

  • November 26, 2025

    Law360 Canada Pulse survey 2025: what lawyers really think about their profession

    Find out what lawyers really think about their profession in Law360 Canada Pulse’s Lawyer Satisfaction Survey.

  • November 25, 2025

    Law360 Canada Pulse survey 2025: lawyers grapple with stress amid financial strain, long hours

    The legal profession is going through seismic change as it grapples with things like artificial intelligence, but one issue that has been around for centuries still remains — stress. 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 — 85 per cent of associates say they are at least sometimes stressed by their finances, along with 77 per cent of those at small firms.

  • November 24, 2025

    Law360 Canada Pulse survey 2025: nearly two-thirds of lawyers satisfied with jobs, but concerns remain

    A recent survey of the legal profession is showing high marks on issues like job satisfaction and compensation. 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 — 63 per cent of respondents report being satisfied or very satisfied with their jobs overall, up from 60 per cent last year.

  • November 21, 2025

    Federal judges say they’ll take Ottawa to court over rejection of independent pay commission’s recommendations

    The association representing Canada’s federally appointed judges decided this week to seek judicial review of Ottawa’s rejection of an independent judicial pay commission’s two key recommendations — including the commission’s advice that a $28,000 salary boost (on top of mandatory annual indexing) is necessary to keep attracting outstanding lawyers to the bench.

  • November 21, 2025

    New Brunswick Court of Appeal confirms modern approach to the ‘armchair rule’

    In Canada, there is somewhat of a divide when it comes to the armchair rule. When interpreting a will in some provinces, including Ontario and Manitoba, it is now the norm for courts to apply the armchair rule at the outset, even if a will is not patently ambiguous, and consider surrounding circumstances that existed when the will was made. Interpreting a will this way is often referred to as the modern approach to the armchair rule.

  • November 21, 2025

    Federal Budget 2025: Impact on charities and not-for-profits

    On Nov. 4, the federal government tabled the federal budget (Budget 2025), which includes several legislative proposals relevant to charities and not-for-profits (NFPs). Many of these proposals were contained in government releases throughout August 2024, December 2024, January 2025 and August 2025, though Budget 2025 did not explain any specifics of those proposals.

  • November 19, 2025

    Liberal government unveils first budget bill, says criminal justice bill to come before Christmas

    The Carney government’s 2025 legislative to-do list got longer with the rollout of its first budget implementation omnibus bill, which proposes dozens of tax and other statutory measures.

  • November 19, 2025

    Revocation of beneficiary designation: Avoiding miscalculations

    There are times in estate law when the courts have to step in because beneficiary designations for registered plans aren’t drafted or updated properly. My July 18 article touched on a few such cases. Case law suggests that revoking one’s beneficiary designations may also require court intervention if not properly considered by the drafting lawyer.

  • November 19, 2025

    Cozen O’Connor adds estate counsel Alexander J. Swabuk

    Cozen O’Connor LLP has welcomed Alexander J. Swabuk as estate and trust counsel in its Vancouver office.

  • November 18, 2025

    Proposed reforms of civil procedure: Refreshing reboot or more of the same?

    I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.

  • November 17, 2025

    Sheri L. Woods joins Court of King’s Bench in Saskatchewan

    Sheri L. Woods has been appointed a judge of the Court of King’s Bench for Saskatchewan in Prince Albert.

  • November 14, 2025

    The problem with ‘fairness’ in family business succession

    “Being good is easy — What is difficult is being just.” ~ Victor Hugo

  • November 13, 2025

    The graduated rate estate: Using it, keeping it

    The acronym “GRE” is well-known to trust and estate lawyers. However, while its descriptive meaning, graduated rate estate, may be well-known, its impact is perhaps less so.

  • November 13, 2025

    From isolation to injunction: Navigating the legal landscape of elder abuse in Ontario

    Elder abuse is a critical and underreported public health crisis, significantly exacerbated by factors like social isolation, particularly during the COVID-19 pandemic.

  • November 12, 2025

    SCC denies requests by AGs & others to make in-person intervener arguments in historic case

    The Supreme Court of Canada is denying recent requests from six intervener attorneys general — as well as counsel for The Advocates’ Society and dozens of other intervener groups — to allow them to make their arguments in person in the upcoming historic Bill 21 appeal, Law360 Canada has learned.

  • November 10, 2025

    Judicial vacancies hit 5%, threatening more trial delays and backlogs

    Ottawa is lagging again in filling the country’s federal benches, hitting a five per cent vacancy rate on Nov. 1, 2025 — mostly in the critical trial courts of Ontario, B.C. and Quebec, which are constitutionally obliged to conduct trials within a reasonable time or face the prospect of staying criminal cases.

  • November 07, 2025

    Can celebrities lose the right to their voice?

    Back in May 2024, actress Scarlett Johansson was embroiled in a legal dispute with OpenAI when the company released a voice for its ChatGPT assistant, “Sky,” which sounded strangely similar to her own. Johansson had previously declined an offer to voice the AI, and this alleged mimicry was done without her permission. OpenAI has since removed the “Sky” voice and paused its release, while the issues remain in dispute.

  • November 05, 2025

    New federal immigration levels plan cuts targets for permanent & new temporary resident admissions

    Ottawa’s three-year plan to reduce immigration to “sustainable” levels includes new “one-time” initiatives to “recognize eligible Protected Persons in Canada as permanent residents over the next two years” and to “accelerate the transition of up to 33,000 work permit holders to permanent residency in 2026 and 2027.”

  • October 30, 2025

    Exclusive: Chief Justice Crampton reflects on Federal Court’s successes and ongoing challenges

    As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.

  • October 30, 2025

    New Brunswick considering changes to Wills Act

    New Brunswick is planning changes to legislation governing wills to give judges more room to interpret them, create greater clarity on the law by getting rid of old rules and allow 16-year-olds to officially document their last wishes.

  • October 30, 2025

    Business succession à la Hallmark

    I love watching Hallmark romance movies. (Yes, I am a guy.) My wife and former associate, Maureen McKay, does not. They are too sickly sweet for her taste.

  • October 30, 2025

    Black magic and black letter: Legal tales of witchcraft, ghosts and haunted houses

    It was not a dark and stormy night. It was actually a pleasant fall morning, and I probably should have been entering my dockets. But the Halloween spirit was in the air, and it moved me to see what Canadian law has to say about the occult. Read on if you dare. I promise there won’t be anything as frightening as the Income Tax Act.

  • October 29, 2025

    Commons committee invites public input on improving peace bonds, recognizance orders

    A House of Commons committee is soliciting submissions by Nov. 28 to inform its new study of how the safety of women and children is affected by Canada’s bail and sentencing regimes, and how Criminal Code s. 810 (recognizance orders or peace bonds) can be improved to help keep women and children safe.

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