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  • Legacy Lexicon
Recent Ontario Court of Appeal decision provides an important lesson to farming families and their professional advisors: good intentions and family loyalty, while laudable, are no substitute for clear, enforceable agreements. 05 Sep
  • by Estates Gone Wrong
  • Curated Content, Succession Lessons

Court Decision: Important Lesson for Ontario Farming Families

It is important to clearly document and communicate intentions when making either a loan or a gift to a family member. Sometimes we assume a verbal agreement is sufficient but having clear written documentation removes uncertainty and mitigates the risk of disputes arising after the fact. 05 Sep
  • by Estates Gone Wrong
  • Curated Content, Family Disputes

A Family Feud Unwrapped in Court: Gifts vs Loans

Even if AI tools produce legal documents that look valid, the risks are obvious. Can the court step in and fix errors in an AI-generated Will? 04 Sep
  • by Estates Gone Wrong
  • Curated Content, Digital Distress

Testator Intent: AI Generated Wills Lack “Proof & Context”

This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. Stories like the Montana case can be useful teaching tools. They help illustrate that intent is only half the battle—validity is the other.  28 Aug
  • by Estates Gone Wrong
  • Curated Content, Digital Distress

Selfie Video Last Will and Testament? Still a Step Too Far!

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
  • by Estates Gone Wrong
  • Family Disputes, Generated Content

Landmark Supreme Court of Canada Decision: Undue Influence

Ontario Court Ruling: Funds transferred to deceased's Daughter were "valid inter vivos gifts" and not subject to a resulting trust. 30 Jul
  • by Estates Gone Wrong
  • Curated Content, Family Disputes

Court Rules in Favour of Daughter: the Validity of Inter Vivos Gifts

A Cautionary Tale in Will Drafting and Limitation Periods... When Does the Clock Start Ticking? 28 Jul
  • by Estates Gone Wrong
  • Curated Content, Related Resources

A Cautionary Tale in Will Drafting and Limitation Periods

Recent Ontario Court of Appeal ruling reaffirms the modern cost approach in estate litigation: trustees who fail in their duties may not only be removed but may also bear the personal financial burden of their choices. 22 Jul
  • by Estates Gone Wrong
  • Communication Breakdowns, Curated Content

Personal Liability for Costs Due to Breach of Fiduciary Duty: Ontario

In a compelling High Court decision that has stirred conversations across both the legal and familial landscapes, a £14.5 million trust dispute between two brothers has culminated in a judgment that emphasizes intention over biology. 21 Jul
  • by Estates Gone Wrong
  • Curated Content, Family Disputes

Landmark Case Ruling in £14.5m Trust Dispute

Leona Helmsley’s decision to leave her dog, Trouble, $12 million drew legal challenges, media scrutiny, and lasting debate about her legacy. 19 Jul
  • by Estates Gone Wrong
  • Bizarre Bequests, Curated Content

Leona Helmsley: The Woman Who Made Her Dog a Millionaire

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
  • by Estates Gone Wrong
  • Generated Content, Related Resources

How to File a Dependant Support Claim Against an Estate

Charitable Bequests: The Importance of Names 10 Jul
  • by Estates Gone Wrong
  • Charitable Misgivings, Curated Content

Charitable Bequests: “What’s in a Name?”

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Recent:

While having an estate plan in place to provide for your possible incapacity and death is important, many people also look for a way to pass down their knowledge, values and memories. This can be done through a non-legal document called an Ethical Will...

Creating an Ethical Will: a Legacy Letter for Your Loved Ones

Long-Term Care (LTC) is expensive, unpredictable and often prolonged. The projected “great wealth transfer” may therefore become far more concentrated among families who are wealthy enough to absorb years of care costs without exhausting their assets.

US Long-Term Care Costs ‘Eating into’ Family Wealth

By the time a family sees the fall or the diagnosis, they are seeing the tip of an iceberg. The decline underneath it started much earlier. That earlier stretch is where families still have real choices.

Five Most Common Signs of Decline in Aging Parents

Estate trustees (Executors) have a duty to keep accurate records of estate assets and transactions throughout their administration and to account to beneficiaries at appropriate intervals.

Keeping Meticulous Records: Practical Tips for Executors

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