Wills, Trusts & Estates

  • December 15, 2025

    Dependent support claims: The overlooked obligation

    In Ontario, estate disputes often erupt where families least expect them. At first glance, wills can appear all in order, assets may be simple, and relationships may seem calm … until someone who depended on the deceased person realizes they have not been adequately provided for. At that point, even the simplest will can be challenged through something called a “dependent support claim,” a process under Part V of the Succession Law Reform Act (SLRA) that is quite important to understand in Ontario.

  • December 12, 2025

    The push and pull between testamentary freedom, familial obligations in dependant relief claims

    One of the hallmarks of Ontario’s estate planning regime is testamentary freedom. It gives individuals, when drafting and executing their wills and estate plans, the ability to distribute their assets in the manner they see fit.

  • December 12, 2025

    Lawyers’ year end 2025 and upcoming legal challenges 2026

    As 2025 comes to an end and everyone attends their holiday parties, let’s prepare for the challenges that will be faced by legal professionals in the upcoming year. Here are a few that come to mind:

  • December 12, 2025

    WILLS - Variation - Contestation of claims - Adequacy of bequests to dependants

    Appeal by Lee Everett Stuart (Lee) from application judge’s decision. Vernon Sanford (Mr. Sanford) passed away. Following his death, two versions of his will were discovered: an unexecuted copy dated 2002, and an executed will, dated May 5, 2006.

  • December 11, 2025

    Stewart McKelvey to admit 3 new partners in 2026

    Stewart McKelvey will welcome three lawyers to the partnership effective Jan. 1, 2026, according to the Atlantic Canada-based firm.

  • December 11, 2025

    Using expert evidence to determine whether a trust is a sham

    When issues arise in litigation that involve specialized knowledge, technical expertise or scientific understanding, it is relatively common for the parties to submit expert evidence to assist the court with making its determinations. Expert evidence may be admissible on a wide range of issues — even specialized legal issues — so long as the evidence is proffered by a properly qualified expert, is relevant and necessary, and is not barred by an exclusionary rule.

  • December 08, 2025

    Quebec’s young lawyers are suffering psychological distress, report reveals

    More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.

  • December 03, 2025

    Navigating continuing powers of attorney for property: Key dos and don’ts

    In estate law, when a grantor becomes mentally incapable, a continuing power of attorney for property is the estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor and do everything the grantor could lawfully do, except make a will. An attorney for property owes a fiduciary duty to the grantor and must always act in his or her best interests.

  • December 03, 2025

    Success rate for injured applicants at Licence Appeal Tribunal continues to plummet

    As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.

  • 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.

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