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Monthly Archives: May 2026
3 ResultsWhat are Reasonable Funeral Expenses?
A clause that is often included in Wills, is one that directs the trustee “To pay out of and charge to the capital of my general estate my just debts, and funeral and testamentary expenses.” At first glance, the clause appears straightforward. In practice, however, disputes can arise over what funeral expenses an estate is…read more
Recent Notable Cases in Estates and Trusts Litigation, 2026
I recently spoke at the Estate Planners’ Council of Halton (EPCOH). Below is a brief summary of recent and notable cases that Jonathon Vander Zee and I prepared for the EPCOH presentation. It’s always good to keep up to date. Enjoy! Cassan v. Giroux, 2026 ONSC 330 Moral obligations matter – the Court will strive…read more
A Limit on Testamentary Freedom: Dependant’s Support
There are limits on the freedom of a testator to dispose of her estate as she chooses. One of the limits is imposed by statute: a deceased must provide adequate provision for the proper support of her dependants. The Succession Law Reform Act, RSO 1990, c S.26 (SLRA) defines a dependant as (a) the spouse…read more