The Legal Risks of Secret Trusts

by: , September 30, 2025

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,…read more

Changes to the Jurisdiction of the Small Claims Court

by: , September 22, 2025

New changes that expand the jurisdiction of the Small Claims Court are coming into effect on October 1, 2025. Known as the “People’s Court”, the Small Claims Court is a branch of the Superior Court of Justice that hears civil matters within certain monetary limits. Currently, the court has authority to hear most civil matters…read more

When Powers of Attorney Cross the Line

by: , September 16, 2025

Powers of Attorney (POAs) are meant to be protective tools, allowing trusted individuals to make decisions for someone who can no longer manage their property or personal care. But what happens when these documents are signed under pressure, or when a vulnerable adult is persuaded into handing over control to someone who may not have…read more

Remote Executions of Wills and Powers of Attorney in Ontario

by: , September 2, 2025

Since April 2021, the Substitute Decisions Act and the Succession Law Reform Act were amended to permit the virtual execution of wills and powers of attorney documents by videoconference. The Law Society of Ontario (“LSO”) lists the specific requirements for proper remote execution, including the requirement  that one witness must be a LSO licensee and all…read more

An Appeal Is Not A Do-Over

by: , August 26, 2025

It is often said that in a court battle there is a winner and a loser. The court must decide which facts and evidence it prefers and which party the law favours.  After a decision is made by the judge who heard the application or trial, a party may “appeal” the decision to a higher…read more

Judicial Discretion in Estate Trustee Appointments

by: , August 18, 2025

Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to…read more

You’ve Been Served…I think!

by: , July 29, 2025

The importance of service of court documents should not be overlooked, as improper service may result in a party being noted in default, which invariably leads to adverse consequences for a litigant. While service by e-mail has simplified and made the service of documents easier and more convenient in many respects, an originating process, for…read more

Limits to the Court’s Will Validating Power under Section 21.1(1) of the SLRA

by: , July 22, 2025

In October 2023, my colleague Karen Watters wrote about the addition of section 21.1(1) to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 21.1(1) provides the Court with the power to validate a will or a document as valid and fully effective even if it does not comply with the regular…read more

Charitable Bequests and the Importance of Names

by: , July 10, 2025

A recent Nova Scotia case, the Horley Estate,  highlights the importance of insuring that the proper legal name for a charity is included in a will.  Often, that is more difficult than it first appears as the names of charities and institutions can change over the years. The Public Trustee, who was administering the Deceased’s estate,…read more

Who Has A “Financial Interest” In An Estate?

by: , June 24, 2025

In matters and disputes involving estates, there are rules in the Rules of Civil Procedure which refer to persons who appear to have a “financial interest” in an estate. The description of a “financial interest” in an estate limits who may take certain steps in an estate dispute. One example is persons who may apply…read more