In estate litigation, it may sometimes be necessary to obtain expert opinion evidence on a certain issue in order to assist the Court with making a determination on that issue. For example, if an estate trustee of an estate failed to invest estate funds or did so improperly, an expert report may be obtained to Read More
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
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
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, Read More
In estate planning, a testator can gift assets under a will, but there are also ways to arrange a testator’s affairs so that assets pass outside of the will and directly to the intended beneficiary. This includes beneficiary designations on investment accounts, and possibly, assets that are jointly held with the testator and another person. Such Read More
