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

Guardianship Applications in Writing

by: , June 16, 2025

There are two procedural avenues when seeking to be appointed or removed as guardian of the person or guardian of property for an allegedly incapable person: the standard procedure which requires a court hearing, and the summary disposition procedure, which is done in writing. The summary disposition procedure is set out under section 77 of…read more

What is an Estate Trustee During Litigation and When Should One Be Appointed?

by: , June 12, 2025

There are many reasons why an estate may be involved in litigation. The dispute may involve a Will challenge, in which the beneficiaries litigate the validity of a testator’s last Will. The testator’s Will may contain ambiguities and the beneficiaries disagree as to its proper interpretation. The deceased may have left a handwritten note containing…read more

Solicitor-Client Privilege and Beyond

by: , June 2, 2025

Solicitor-client privilege is a principle entrenched in our legal system. It goes without saying that counsel and client must be able to communicate openly and honestly. But what happens when a client dies? What becomes of the solicitor-client privilege or more specifically, the files of the deceased individual? This issue was raised in the recent…read more

Participant Expert Evidence in Estate Litigation

by: , April 8, 2025

In some estate litigation the evidence of an expert witness can be a critical piece of evidence. Rule 53.03 of the Rules of Civil Procedure governs expert evidence and expert reports.  Section 52 of the Evidence Act addresses reports and evidence of practitioners who are identified as: (a) a member of a College as defined…read more

Assigning an Estate into Bankruptcy

by: , March 10, 2025

Sometimes, an estate’s debts and liabilities are greater than its assets. When that occurs, an estate trustee should consider assigning the estate into bankruptcy. This is for the protection of the estate trustee, as he or she may otherwise become personally liable for the estate’s unpaid debts and liabilities. If an estate is successfully assigned…read more

The Minimum Evidentiary Threshold to Challenge a Will Is Alive and Well in Ontario

by: , March 4, 2025

In the recent decision in Giann v. Giannopoulos, 2024 ONCA 928 (CanLII), the Court of Appeal for Ontario upheld the lower court’s decision dismissing a Will challenge application as the evidence failed to meet a standard called the “minimum evidentiary threshold”. This means that in order to be able to move forward with a Will…read more