A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This recent Ontario court case is a useful reminder of the difficulties that can arise... 26 Aug

What Happens When a Will is Missing an Important Clause?

Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. Ironically, the very simplicity that makes holograph codicils attractive can also make them extraordinarily vulnerable... 14 Aug

Ontario Case Study: The Hidden Risks of a DIY Codicil

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?

When someone manipulates a vulnerable person into changing their estate plan, affected family members may challenge the documents based on undue influence. 15 Apr

Undue Influence: Proving Someone Manipulated an Estate Plan

If you are considering when —or if— you can challenge a will in Ontario, it is important to understand that not every disagreement leads to a successful claim. Ontario courts respect testamentary freedom... 10 Jan

When Can You Challenge a Will in Ontario?

A successful dependant support application requires clear, detailed and credible evidence. This article explores these requirements, highlighting key principles from recent case law. 15 Oct

Burden of Proof: Building a Strong Dependant Support Claim

Few legal disputes are as personal and emotional as challenging a will. Whether you are considering contesting a will or defending against a challenge, you should know what to expect... 08 Oct

Contesting a Will in Ontario: How it Works & What to Expect

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home? 23 Sep

Can a Power of Attorney for Personal Care Restrict Visits?

Landmark Supreme Court of Canada decision, from 1991, established principles for proving undue influence in trust cases: the Geffen v. Goodman family and trust estate dispute... 28 Aug

Landmark Supreme Court of Canada Decision: Undue Influence

Predatory marriage occurs when someone marries a vulnerable elderly person, often with cognitive decline, to gain financial control. Early intervention is essential – contact an experienced estate professional immediately upon discovering suspicious circumstances. 24 Jul

Predatory Marriage: Protecting Aging Populations in Alberta

Learn how to handle an estate dispute under Canadian law. This guide will help you understand the grounds for disputing a will and its effect on the division of assets. 22 Jul

Canadian Guide to Understanding the Grounds for Disputing a Will

To file a dependant support claim against an estate, you must file a Notice of Application with the court and provide supporting evidence in an affidavit, typically within six months of the estate trustee being appointed.  15 Jul

How to File a Dependant Support Claim Against an Estate