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?

Unless robust estate planning has been done in advance, bereaved families are often left with legal and financial headaches. Here are "5 Estate Planning Mistakes You Don’t Want to Make" and actions you can take, now, to avoid them... 16 Jun

5 Estate Planning Mistakes You Don’t Want to Make

If you're named as a beneficiary, you generally don't have to share — but intestacy rules, will contests, and tax consequences can complicate things. 05 Apr

Does a Beneficiary Have to Share Inheritance with Siblings?

Estate litigation lawyers across Canada are seeing a steady increase in undue influence estate disputes. Families are more frequently questioning whether a will truly reflects a loved one’s wishes or whether someone exerted pressure behind the scenes. 23 Mar

Steady Increase in Undue Influence Estate Disputes in Canada

While courts are generally reluctant to interfere with a testator’s choice of estate trustee, that choice will be overridden where it is necessary to ensure the proper, efficient, and impartial administration of the estate. 23 Mar

Feuding Siblings Replaced By Neutral Third-Party Estate Trustee

While informal verbal agreements may seem convenient and cost-effective at the time they are made, they all-too-frequently lead to disputes down the road. 21 Jan

Informal Verbal Agreements Frequently Lead to Estate Disputes

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?

When preparing a will, it’s not uncommon for awkward family dynamics to complicate the process. Strained relationships can make estate planning much more difficult , but that doesn’t mean you can’t have your final wishes met. 20 Dec

Awkward Family Dynamics: In-Law Conflict & Your Estate

Without proper instructions, your carefully curated treasures can be: misvalued, sold for pennies, fought over, mishandled, lost, forgotten, or even thrown away. 30 Nov

Estate Planning for Collectors: Protect Your Carefully Curated Legacy

Undue influence is not mere persuasion or advice. It requires coercive elements that override the testator’s free will. Courts look for a combination of susceptibility, opportunity, and improper pressure that causes the vulnerable person to act contrary to their true wishes. 27 Nov

Proving or Disproving “Undue Influence” in Court

Can concerned parties use outdated documents as a justification to contest a will? Egregious oversights could raise questions. If the testator failed to update their will for decades, there could be questions about its validity. 16 Nov

Is an Outdated Will Justification for Probate Litigation?

This article explains exactly what a letter of wishes is, why you need one, what to include, and how to write one that truly reflects your intentions. 04 Nov

How & Why To Write a Letter of Wishes: UK Guide