Estate trustee compensation isn't automatic. Ontario courts may reduce the standard 5% based on complexity, effort, and record-keeping, etc. Know and understand the five factors before taking or claiming compensation as an estate trustee. https://f.mtr.cool/dkppccuvpq

Courts can invoke their parens patriae jurisdiction to protect vulnerable beneficiaries when they see fit. Farren v. Walters, 2026 ONSC 692 is a compelling example. www.allaboutestates.ca/the-courts-authority-und...

Ontario court refers matter to LSO after finding fabricated quotes from various cases in a factum. A stark reminder: verify every citation. Full post here. https://devrieslitigation.com/beware-of-ai/ by Joanna Lindenberg,

Inter vivos gifts can be overturned after death. Learn what makes a gift valid—or not—under Ontario law. By Diane Vieira. www.allaboutestates.ca/determining-the-validity...

BC Court of Appeal Clarifies Vesting of Residuary Gifts - All About Estates A recent decision of the British Columbia Court of Appeal in Lewis v. Jack, 2026 BCCA 18, provides helpful guidance on will interpretation. The case focused on whether the testator’s gifts to his children vested at the time of his death or later, when the residue of the estate was...

Lewis v. Jack, 2026 BCCA 18: gifts vest at death, not distribution. Courts won't allow executor timing to determine beneficiary rights without clear contrary language in the will.

Certain Beneficiaries Must Seek Rectification Prior to Probate or Risk the Consequences - All About Estates Some drafting errors in wills can be rectified before or during the process to obtain a Certificate of Appointment of Estate Trustee (“CAET”). In Ontario we now know that the disappointed beneficiary alleging those errors, who also sues the drafting solicitor, must seek rectification prior to the issuance of the...

ONCA confirms: missing the rectification window during probate can bar a later negligence claim against the drafting solicitor. Timing is everything. Full analysis here.

Moral Obligations Matter: Recent Dependant Support Decisions in Ontario - All About Estates In recent years, Ontario courts have placed increasing emphasis on the moral obligations owed to dependants when assessing claims under Part V of the Succession Law Reform Act (“SLRA”). While testamentary autonomy remains a fundamental principle, recent decisions show that courts are prepared to intervene where a will fails to...

Ontario courts are broadening "proper support" under the SLRA. Financial need alone no longer determines the outcome. Three new decisions show moral duty matters. Full post by Iryna Huk, here.

Can an Ontario Codicil Amend a Quebec Will? - All About Estates This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached...

Can an Ontario codicil amend a Quebec will? In Re Pregent Estate, the court said yes, applying SLRA domicile rules to validate both documents under Ontario law. Ready the blog post by Rebecca Studin.

Guardianship: A Refresher - All About Estates Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property...

Guardianship isn't automatic. Courts require proof that no less restrictive alternative can protect an incapable person's interests - preserving the incapable person’s best interests remains paramount.

Will Challenges: Meeting the Minimum Evidentiary Threshold. Written by Christopher Cook. www.allaboutestates.ca/will-challenges-meeting-...

To disclose or not to disclose: when are beneficiaries entitled to information relating to a discretionary trustee’s exercise of discretion? by Christopher Cook.
devrieslitigation.com/reasons-for-exercising-d...

Rule 49 offers must be comparable with a final judgment. In Schickedanz, winning parties lost enhanced costs on first offers to settle due to uncertain terms. Draft settlement offers carefully. By Karen Watters. devrieslitigation.com/offers-to-settle-and-cos...

Haddock v. Haddock: When property appreciation creates a $642K problem. Conditional bequests require careful drafting to address future value changes. 60 days to pay or cottage sold. Written by Iryna Huk. www.allaboutestates.ca/haddock-v-haddock-interp...

Citing an authority in your notice of application doesn't automatically impose its requirements. The relief sought determines the application's nature, not the authorities referenced. By Ruth Paul. www.allaboutestates.ca/saying-it-doesnt-make-it...

When Joint and Severally Appointed Attorneys Disagree: How the Court Resolves Conflict Under a Power of Attorney - de Vries Litigation 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...read more

devrieslitigation.com/when-joint-and-severally... by Iryna Huk.

The Interplay between a Will executed outside of Ontario and a subsequent Codicil executed in Ontario - All About Estates It is not uncommon for a person to execute their last will and testament many years, even decades, before they eventually pass away. It is also not uncommon for a person to move provinces, states, countries, etc. throughout their adult lifetime. In the estates context, that may result in various...

Ontario court confirms jurisdiction over Quebec will amended by Ontario codicil, where deceased was domiciled in Ontario at death. www.allaboutestates.ca/the-interplay-between-a-... by Jonothan Vander Zee.

de VRIES LITIGATION LLP posts bi-weekly blogs on its website. Another great source of relevant and trusted information and insight when it comes to the myriad world of estates and trusts. Check out the blogs at www.devrieslitigation.com.

Court Interventions in a Trustee’s Exercise of Discretion - All About Estates In the recent decision of Pitt v. Beattie, 2025 ONSC 5654 (CanLII) (“Beattie”), the court considered the rule in Saunders v. Vautier and whether the sole beneficiary of a trust could demand a larger distribution than the trustee was willing to provide. In Beattie, the last will and testament provided...

Saunders v. Vautier doesn't override reasonable trustee discretion. Pitt v. Beattie confirms trustees may withhold funds during litigation when residue remains uncertain. By Karen Watters.

Inter Vivos Transfers and the Intention to Gift - All About Estates In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her...

$1.7M in withdrawals: valid gift or not? Court finds mother's intention to gift with consideration of family dynamics despite contrary will provisions. Buffa v. Giacomelli, 2025 ONSC 4024. By Karen Watters.

Best of the Season from de VRIES LITIGATION LLP.

An Appeal Is Not A Do-Over - de Vries Litigation 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

Appeals are not a second chance to argue your case. Understand the limited scope of appellate review in our overview of Macpherson v. Wyszatko Estate. By Karen Watters.

Does having a Life Interest in a Property include the Right of Exclusive Possession? - de Vries Litigation After someone dies, the questions can sometimes become: who is allowed to live in their house? While the answer may be more straightforward for married spouses or for houses owned in joint tenancy, for example, that may not always be the case for common law spouses where legal title to the deceased person’s house was...read more

Does having a life interest in a property include exclusive possession? In Tyndall v. Noyes, the Ontario court said yes—depending on the Will's wording and testator's intentions. 

Pizzi v. Nouini Estate: Discovery in Estate Litigation - de Vries Litigation Today’s blog was written by Iryna Huk In Pizzi v Nouini Estate, 2025 ONSC 4974, the applicant, challenged his late wife’s will and several property transfer that she made prior to her passing. He believed that her sister, niece, and son (the respondents) benefited improperly from those transactions. The litigation has been underway since 2023,...read more

Pizzi v Nouini Estate: Overly broad discovery requests brought by a refusals motion led to $21,000 cost award. Important lesson for estate litigators. Written by Iryna Huk.

Court Interprets Will's Residue Clause - All About Estates In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that,...

When beneficiaries predecease testators, precise drafting matters. A recent case shows "per stirpes" ensured equal distribution among sibling families. By Diane Vieira.

Can a Dependant Support Claim Be an Abuse of Process? - All About Estates In the recent decision of Sabarros v. Morrell, 2025 ONSC 6122 (CanLII), the Court considered whether the dependant support claim by the adult child to whom the deceased never provided support could be dismissed as frivolous, vexatious and an abuse of process. Facts: Karen Sabarros commenced two proc...

Ontario court refuses to dismiss adult child's estate claim as frivolous, even with no father-daughter relationship. Rule 2.1.01 has a very high threshold. By Rebecca Studin.

Court Interprets Will's Residue Clause - All About Estates In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that,...

When beneficiaries predecease testators, precise drafting matters. Recent case shows "per stirpes" ensured equal distribution among sibling families.
Read the blog post written by Diane Vieira, https://www.allaboutestates.ca/21703-2/

Enforcement of Foreign “Guardianship” Orders - de Vries Litigation In today’s international economy, it is not uncommon for a person to have assets in many countries. However, this gets complicated when a person becomes incapable of managing their property. Until the recent case of Fisher v. Danilunas, 2025 ONSC 4359, there has been little guidance regarding the enforcement of foreign orders relating to a...read more

Ontario court clarifies enforcement of foreign guardianship orders in Fisher v. Danilunas - essential guidance for cross-border incapacity cases. Read the blog post by Elaine Yu.

Judicial Discretion in Estate Trustee Appointments - de Vries Litigation While courts generally defer to a testator’s choice of trustee, courts will not do so if the appointment would risk undermining public confidence in the administration of justice.

James Estate (re)affirms judicial discretion to refuse unsuitable estate trustees. Public confidence in estate administration takes precedence over testamentary preference. Read the blog post by Elaine Yu.

The Legal Risks of Secret Trusts - de Vries Litigation Courts will give greater weight to formal, properly executed wills and trust instruments over secret trusts, which are difficult to prove and easy to dispute.

Ontario courts reject secret trust claims lacking corroborating evidence. Formal estate documents consistently prevail over alleged verbal arrangements. Documentation matters.

McNeill v. Phillips: Moral Obligations Don’t Create Legal Duties - All About Estates A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law.

McNeill v. Phillips, 2025 ONSC 5779 confirms that moral obligations do not create legal duties; an attorney for personal care owes duties only to the grantor, not to third parties.