An interesting feature of estate law is that it has the potential to overlap or interact with many other areas of the law. The recent Ontario Court of Appeal (“ONCA”) case of Miller Estate v. Arguelles (“Miller”) demonstrates the intersection...
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ESTATE ADMINISTRATION
"Estate administration" refers to steps required to settle the assets/affairs of a deceased person. If the deceased had a valid Will, the Will should name the person appointed by deceased to administer and distribute his/her estate. This person is called an estate trustee (formerly called an executor or executrix). If there...
ESTATE LITIGATION
Estate litigation is a broad term that encompasses will challenges and will interpretations, contested estate administration and probate applications, removal of executors or rectification of a defective will. It includes a variety of disputes between executors and beneficiaries, as well as disappointed beneficiary claims and allegations...
ESTATE MEDIATION
Mediation is a form of alternative dispute resolution that is widely embraced by justice system and legal profession. Mediation allows the parties to "step outside" the court system to try and privately settle their dispute with help of a third party. The hallmarks of mediation include: compromise, good faith bargaining, and a...
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The Discretion of Costs
In April 2026, I wrote about the decision in Kunka Estate v. Giasson, which considered whether resulting trust principles apply to beneficiary designations on registered accounts such as TFSAs and RRIFs. Angela Giasson (“Angela”) was the named beneficiary of the...
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