ESTATES BLOGS
Capacity And Incapacity in Ontario: How The Law Sees Decisions
Some families describe a loved one this way: “Some days they are sharp, other days they are not. Some things they follow, other things they don’t.”
Capacity For Property VS Personal Care: Same Person, Different Decisions
You may see a loved one shut down after a conversation about where they want to live, what help they need, and which doctor they prefer, but shut down the moment you mention bank accounts, debt, or legal papers.
Powers Of Attorney In Ontario: What They Really Do
You have probably heard the phrase “you should get a power of attorney” from a doctor, financial advisor, or insurance broker.
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Guardianship in Ontario: Why it Feels Like a Last Resort
Adult assisting a parent with legal and financial documents, representing guardianship and powers of attorney in Ontario.
A Will Is Not The Estate Plan: Why Tax, Liquidity, And Asset Structure Still Decide The Outcome
Many clients feel a sense of completion once the will is signed. That instinct is understandable. It is also incomplete.
Asset-Rich, Cash-Poor Estates: Why Families Get Forced Into Bad Sales
Some estates look strong on paper and fragile in practice. The deceased may have owned a house, a cottage, marketable investments, or shares in a private company.
RRSPs, Real Estate, And Private Company Shares: The Three Estate Tax Traps
Many clients think about their estate in asset categories: the RRSPs, the house, and the business. That is sensible from a balance-sheet perspective.
Cottage, Corporation, Concentrated Stock: Why the Will Alone Cannot Solve the Problem
Clients often know exactly what they want to happen. One child should receive the cottage. The shares should be divided fairly.
Insurance In Estate Planning: Liquidity Tool, Not Just Protection Product
Insurance is often discussed in personal terms: income replacement, family protection, peace of mind. In estate planning, it can perform a different role.
How Poor Liquidity Planning Turns A Good Estate Into A Distressed Estate
Some estates fail not because the assets were poor, but because the timing was. The wealth was real.
Why Clients Need Coordinated Legal, Tax, And Investment Advice Before Signing The Will
Clients often receive estate advice in pieces. The lawyer drafts the will. The accountant comments on tax. The advisor manages investments.
Estate Freezes And The Will: Why The Legal Document Needs Financial Context
An estate freeze is often discussed as a tax strategy. A will is often discussed as the legal expression of intention at death. In practice, the two should not be planned in separate silos.
Business Owners And Estate Planning: Why The Sale Process Should Not Start At Death
Many business owners have a will, a corporation, and a broad understanding that the family will “figure it out” later. The hidden assumption is that the sale process can begin after death if necessary.
Proving A Copy Of A Will In Ontario: Common Form Vs. Solemn Form
A will can be perfectly real and still be procedurally difficult to prove. That problem usually appears when the original is missing, only a copy is available, or the surrounding facts raise enough concern that routine probate is no longer enough.
Lost Will In Ontario: Rebutting The Presumption Of Revocation
A missing original will is not just an inconvenience. In Ontario, it can trigger a presumption that the testator destroyed the will with the intention of revoking it.
What Must Be In The Affidavit For A Lost Or Destroyed Will Application?
A lost-will application is usually decided on the affidavit record. The legal theory may be straightforward enough. The difficulty is proving the facts needed to support it.
Consented Vs. Non-Consented Lost Will Applications: Why The File Changes Completely
Two lost-will files can look similar at first glance and then diverge sharply. In one, every interested person consents. In the other, someone objects or refuses to consent.
Can You Probate A Photocopy Of A Will In Ontario?
Yes, sometimes. But not in the casual way many people mean when they ask the question.
When An Unsigned Or Imperfect Document May Still Matter In Ontario
For many years, the answer to an unsigned or imperfect will-like document was usually simple: if it did not satisfy the statutory formalities, it failed.
Original Missing, Copy Found: What The Court Needs Before It Will Issue A Certificate
Finding a copy of the will can feel like finding the solution. In reality, it is usually only the beginning.
Routine Probate vs. Judge-Driven Proof Issues: When Procedure Stops Being Routine
Most probate files are meant to move through an administrative process. That changes quickly when the will cannot be proved routinely, the evidence of execution is missing, the original is gone, or a validity concern emerges.
Holograph Wills And Handwriting Evidence: What Access To The Original Can Mean
A holograph will seem simple because it is handwritten and signed by the testator. In litigation, it is often the opposite. The issue quickly becomes authenticity, and authenticity usually turns on the original document.
Proving The Last Will Where Multiple Testamentary Documents Exist
Some estates do not present a single clean testamentary document. They present a chain: prior wills, codicils, handwritten notes, unsigned drafts, partial amendments, or later writings that may or may not have been intended to alter what came before.
When Estate Mediation Fails: What Good Counsel Do Next
A failed estate mediation can feel like a dead end. It often is not. In many files, mediation narrows the issues, exposes the evidentiary weaknesses, and clarifies what the client is really prepared to fight about.
Estate Application Or Action? When Procedure Changes The Leverage
In estates litigation, procedure is rarely just housekeeping. Whether a matter stays as an application, becomes a trial of an issue, or proceeds as an action can change the scope of evidence, the pace of the case, the cost profile, and the settlement leverage.
Bifurcation In Estate Litigation: When Splitting Issues Actually Helps
Estate disputes often arrive as one fight, but they are not always best tried that way. Sometimes one issue can and should be decided first because it may narrow the rest of the proceeding, change settlement dynamics, or eliminate the need for a larger hearing.
Judicial Settlement Conferences In Estates Matters: When They Are Worth It
Not every estate case needs another private mediation day before it needs a judge. In the right file, a judge-led settlement conference, case conference, or comparable court-supervised process can move the matter forward more efficiently than another round of unstructured negotiation.
Estate Trial Preparation: Why The Documentary Record Usually Wins
By the time an estates file reaches a hearing, everyone usually has a narrative. The difficult question is which narrative the record supports.
Costs In Estate Litigation: When The Estate Pays And When A Party Pays Personally
One of the most persistent misconceptions in estates practice is that the estate will simply pay everyone's costs. That used to be closer to a working assumption than it is now.
Estate Evidence Basics: The Objections And Proof Problems That Matter Most
Estate litigation often feels fact-heavy and paper-heavy. That can create a false sense that everything helpful will be admissible if it seems relevant enough.
Why Estate Cases Are Often Won Before The Hearing Date
By the time an estate matter is argued, a great deal has already been decided by the quality of the record, the procedural choices, the experts retained, the offers served, and the issues narrowed.
Holograph Wills Under Attack: Evidence, Handwriting, And Procedure
Holograph wills often look simple because they avoid the ordinary witness formalities. That simplicity disappears quickly once the will is challenged.
Why Video Evidence Helps Some Estate Cases And Hurts Others
Video evidence can feel powerful in estate litigation. A clip of the deceased speaking, signing, or discussing intentions may seem like the closest thing to direct proof the court could ever get.
Why Estate Cases Are Often Won Before The Hearing Date
By the time an estate matter is argued, a great deal has already been decided by the quality of the record, the procedural choices, the experts retained, the offers served, and the issues narrowed.
Holograph Wills Under Attack: Evidence, Handwriting, And Procedure
Holograph wills often look simple because they avoid the ordinary witness formalities. That simplicity disappears quickly once the will is challenged.
Why Video Evidence Helps Some Estate Cases And Hurts Others
Video evidence can feel powerful in estate litigation. A clip of the deceased speaking, signing, or discussing intentions may seem like the closest thing to direct proof the court could ever get.
Expert Evidence In Estate Cases: Handwriting, Capacity, And Beyond
Estate files often start with family evidence and end with expert evidence. Handwriting becomes an issue. Capacity becomes an issue. Sometimes accounting, valuation, or standard-of-care issues do too.