de VRIES LITIGATION LLP had the pleasure of attending and presenting at the 29th Estates and Trusts Summit on October 20, 2026. The program canvassed a wide range of timely issues for estate litigators. Below is a brief overview of some of the discussions that stood out: AI and Privilege Peter Askew, Miller Thomson LLP,
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
A recent Ontario case, R. v. Ehrhardt, 2025 ONSC 6850, highlights the serious consequences of misusing a power of attorney. A power of attorney comes with fiduciary duties, and those acting in this capacity are required to act in the best interests of the grantor. However, as this case shows, if that responsibility is abused,
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits
In Ontario, any trust that is intended to take effect upon a person’s death must typically be in writing, as it forms part of the will. According to the Succession Law Reform Act, a will must be in writing to be valid – and this includes any trusts it incorporates. Once a will is probated,
