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Toronto Ontario Estate Law Blog
An Estate Lawyer’s Guide to the Estate Litigation Galaxy
As estate planning lawyers, we constantly orbit the estate litigation galaxy, navigating to keep our clients’ estates from being pulled into the Black Hole of court. This blog is a guide for both estate planning lawyers and their clients to stay in “safe orbit” and navigate smartly around some of
Canadian Citizenship by Descent: Canada Expands Eligibility Under Bill C-3
Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was
The 6 Myths of Appointing Guardians for Your Minor Children if You Die
People often put off preparing their Wills for many reasons. What often brings about a mindset shift is the birth of a child. Suddenly, parents start asking questions they may not have considered before: What happens if I die? Who will take care of my child if my child is
When is a Gift Not a Gift: Estate Freezes and Family Law Considerations
The Intersection of Trust Law and Family Law A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property which can be
A Clash of Loyalties: Executor Conflicts of Interests
Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own. Where an executor’s personal obligations, financial interests, or relationships conflict with these duties, these conflicts of
The Tale of Spouses and the Principal Residence Exemption (PRE) Conundrum
The Scenario John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s Property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s Property”). In 2006, John and Jane become common law
When Charitable Gifts Don’t Go According to Plan
If you intend to make, or have already made, charitable gifts in your will, there is an interesting aspect of charitable giving that you may not have considered. What happens if the charity you named no longer exists, cannot receive the gift, or circumstances have changed such that your gift
Show Me the Money: How Much Should Your Executors and Trustees Be Paid?
Recent news reports concerning the compensation claimed by the executors of the estate of the late Loretta Rogers, matriarch of the telecom Rogers family, one of Canada’s wealthiest, has raised concerns for many, particularly if they have a large estate, on how much their executors can be paid. In the
How to Disclaim an Inheritance: Guide From an Estate Lawyer
In Ontario, a beneficiary under a will or an intestacy cannot be compelled to accept a gift. A beneficiary has the option of choosing whether to accept an inheritance or a gift, or alternatively, whether to not accept, or in legalese, to “disclaim” an inheritance. What Does It Mean for
Handing Down Your Special Items: Using a Letter of Wishes for Personal Effects in Your Estate Plan
A well-crafted estate plan addresses more than just your major assets, like real estate, corporate interests, and investment accounts. It can also encompass personal effects with both sentimental and financial value. Often, these items carry deep emotional significance and can also be the focal point of disagreement among loved ones,
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