Suspicious Wills and the Appointment of an ETDL – In the Estate of Brian William McGarry, 2025 ONSC 3299
Overview The Ontario Superior Court’s decision in In the Estate of Brian William McGarry, 2025 ONSC 3299 is a striking example of how courts handle suspicious wills, contested life insurance beneficiary changes, and the appointment of an Estate Trustee During Litigation (ETDL). Justice Marc Smith was faced with allegations of diminished capacity, potential undue influence, […]
Stewart Estate v. Stewart: Navigating Tax Liabilities and Testamentary Intent in Estate Administration
The Ontario Court of Appeal’s decision in Stewart Estate v. Stewart, 2025 ONCA 575 (CanLII), decided on July 30, 2025, addresses critical issues in estate administration, particularly the tension between honoring a testator’s wishes and managing substantial tax liabilities. This case, arising from motions to stay an order interpreting the will of William Archibald Stewart, […]
Ferritto v. Ferritto: A Cautionary Tale on Guardianship Disputes and Litigation Costs
Ferritto v. Ferritto: Key Insights from the 2025 ONSC Costs Decision on Guardianship Litigation Introduction The recent Ontario Superior Court of Justice decision in Ferritto v. Ferritto et al., 2025 ONSC 4217, provides critical insights into guardianship disputes, costs awards, and the consequences of misconduct in estate litigation. Released on July 17, 2025, this costs […]
The Importance of Fiduciary Duty: Lessons from Muscat v. Muscat Estate, 2025 ONCA 518
The recent Ontario Court of Appeal decision in Muscat v. Muscat Estate, 2025 ONCA 518 (CanLII), serves as a powerful reminder of the critical responsibilities estate trustees hold and the consequences of failing to uphold them. This case underscores the importance of transparency, due diligence, and prioritizing the beneficiary’s interests in estate administration. Here’s what […]
Banfield v. Ristevska, 2025 ONSC 3172 – Navigating Partition and Sale in a Contentious Co-Ownership Dispute
Can You Stop a Co-Owner From Forcing the Sale of Your Home? – Banfield v. Ristevska Offers a Cautionary Tale In the recent Ontario Superior Court decision of Banfield v. Ristevska, 2025 ONSC 3172 (CanLII), the Honourable Justice Myers addressed a contentious application for partition and sale of a co-owned property amidst repeated adjournment requests. […]
Case Update: Hockney v Kneeland, 2025 ONSC 3592: Estate Trustee Held Personally Liable After Years of Delay, Court Awards Damages
In Hockney v. Kneeland, 2025 ONSC 3592, the Ontario Superior Court issued a scathing decision against a lawyer who acted as estate trustee and failed to distribute inheritance funds to seven grandchildren of the deceased. Justice Myers found that Mary Jane Kneeland, in both her personal and fiduciary capacities, committed serious breaches of trust and […]
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) of the SLRA
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) SLR Deanna McKinlay, in her proposed capacity as estate trustee of the Estate of Virginia Beecroft, applied for court directions on whether an informal document (the “Proffered Document”) should be recognized as a valid testamentary instrument under s. 21.1(1) of the Succession […]
