A handshake promise to leave the family farm can legally override a written will in New South Wales. The legal mechanism is equitable estoppel, and courts have enforced it in farm succession disputes where the evidence is strong enough. 26 Jul

NSW Inheritance Law: Can a Verbal Promise Override a Will?

An executor must administer the estate with diligence, respond to reasonable inquiries from beneficiaries, and take the Court process seriously. Where those duties are not met, the Court has shown that it is prepared to order costs personally... 24 Jul

What Happens When An Executor ‘Ghosts’ The Estate?

Choosing an executor is one of the most consequential decisions in estate planning. Conflicts of interest can lead to family disputes, high legal costs, and can jeopardize proper estate administration. 22 Jul

What Constitutes Executor Conflicts of Interest in Ontario?

Under Australian estate law, executors owe a fiduciary duty to all beneficiaries. This guide explains exactly what conduct justifies a dispute, what steps to take first, and how the courts approach these matters in 2026. 16 Jul

Australian Estate Law: Guide to Disputing Executor Conduct

Choosing the right estate trustee —at the planning stage— can be one of the most important decisions a testator makes. This case serves as a cautionary tale of what can happen when an estate trustee fails to appreciate the seriousness of the role... 03 Jul

Cautionary Tale: When Poor Administration Comes at a Cost

With many estates being administered over extended periods —by older spouses, siblings, or peers— the risk that an executor becomes incapable is very real and foreseeable. Planning for incapacity at the drafting stage is key... 26 Jun

What Happens When An Estate Executor Becomes Incapable?

This article provides general information only. Estate administration rules and procedures vary across provinces and territories, and legal advice is recommended in most cases. 12 Jun

Estate Administration: Practical First Steps for Executors

Handling digital assets during probate in Ontario presents a unique legal challenge. This guide outlines the legal and practical steps for executors to manage a modern digital estate. 11 Jun

Handling Digital Assets & Accounts During Ontario Probate

Discretionary trusts can be an effective way to provide for beneficiaries without granting them fixed entitlements. However, these structures can create uncertainty for beneficiaries... Understanding the legal framework is critical for both sides. 21 May

Ontario Guide to Discretionary Trusts and Beneficiary Rights

Ontario’s approach is deliberately cautious. A posthumously conceived child is entitled to inherit only if all statutory requirements are satisfied. 08 May

Posthumous Conception and Inheritance in Ontario

For individuals with cross-border estates, careful planning is essential. For Canadians with connections to European Union member states, this area of law has grown considerably more important... 27 Apr

Canadians with European Assets: Whose Law Governs?

If you think the executor or administrator of a decedent’s estate is mismanaging the assets within it, it’s easy to feel powerless. However, when you know what steps to take, you may be able to hold the executor accountable while preventing further loss. 22 Apr

Executor Mismanaging Estate: What Beneficiaries Should Do