Pursuant to Rule 30.10 of the Rules of Civil Procedure, the Court applies a test of relevance and fairness when assessing a request by a party for production of a non-party's records...

When assisting clients who own a business, it is important for estate planning documents to address how that business will be handled after the client dies.

Rule 24.01(1) of the Rules of Civil Procedure outlines the circumstances under which a defendant may move to dismiss an action for delay, provided the defendant is not in default under the Rules or an order of the court.

In Ontario, every estate trustee is obligated to keep accurate records of estate transactions under rule 74.17 of the Rules of Civil Procedure, RRO 1990, Reg 194.

A new Alberta case, CR v CM, 2024 ABKB 354, raises a tough question that no parent would want to face – if a minor child passes away...

Life insurance can be a very desirable estate planning tool since the proceeds typically pass outside of probate, avoiding estate administration tax. However, one should take note that insurance...

There are very few things in the legal profession that have hard and fast rules, but privilege is certainly one of them.

While electronic wills are not currently permitted in Ontario, it appears that it may be possible to probate an electronic will in this province as long as that will is valid elsewhere.

In the recent case of Kulyk v. Kulyk, 2024 ONSC 4213, Roman Kulyk, the Executor and Trustee of his late father Nicholas Kulyk's estate, sought judicial intervention to sell two properties that had been owned by the deceased.

For clients who have a corporation or an interest in a corporation, a good testamentary plan ought to address how to dispose of those corporate interests.

In part two of this blog series, I discuss whether controlling a testator's access to alcohol could amount to undue influence, with some practice tips for will-drafting lawyers.

In the recent case of Ritchie v Hamilton, 2024 BCSC 941, the Supreme Court of British Columbia was asked to determine what a testator meant when they referred to "my children".

Yesterday, I blogged about motions to dismiss an application for delay. Today, I will discuss the recent decision in Estate of Angela Sebanc v Peter Sebanc, released on May 8, 2024...

When WESA comes into force, the courts will have discretion to accept for probate a document or record that does not meet the formal requirements of wills.

As families become more complex, so, too, does the work for the wills, trusts and estates boutiques.

With an increasing number of Canadians working and living overseas, estate planning can become particularly complex.

An estate plan prepares you for the "what ifs" in your lifetime. In the midst of the COVID-19 pandemic we realize more than ever the importance of having our proper plans in place.

As new trust reporting and disclosure rules come into force for 2021, the New Year will see wills, trusts and estates lawyers grappling with how the changes impact their practice...